Lawyer thoughts...squatters

[Leon County Slayer]

We have a strange opportunity to purchase back some acreage That was originally part of my grandmother's parcel. An uncle who owned it and recently passed left it to his daughter and she is selling it.

The issue we need to resolve quickly before making an offer is this....

My uncle let a friend of his put a trailer on the property and he has been living there a while. He pays for the electricity and cuts the grass as his keep. What I'm trying to figure out is if there will be any potential issues with the squatter's ability to place a claim?

Thanks for any insight that can be offered. I just learned of this opportunity and haven't even yet thought about what type of lawyer you would need to contact.
Thanks!

[Leon County Slayer]

I might add we generally would be open to letting him stay there to care for the place but there's a a bit of a history there and he's not stable.

[Shinesintx]

Interesting. Tuned in for the responses.

[Throwin Darts]

We have a strange opportunity to purchase back some acreage That was originally part of my grandmother's parcel. An uncle who owned it and recently passed left it to his daughter and she is selling it.

The issue we need to resolve quickly before making an offer is this....

My uncle let a friend of his put a trailer on the property and he has been living there a while. He pays for the electricity and cuts the grass as his keep. What I'm trying to figure out is if there will be any potential issues with the squatter's ability to place a claim?

Thanks for any insight that can be offered. I just learned of this opportunity and haven't even yet thought about what type of lawyer you would need to contact.
Thanks!

I'd make it as clean as possible and make him vacating the land as a condition of closing the sale.

[hog_down]

How long has your uncles friend been out there?

[Leon County Slayer]

How long has your uncles friend been out there?

I don't know for certain to be honest. (I'd venture a guess of approx. 10 yrs)
They don't receive mail there and his name isn't on any of the documentation or bills either.

[Ruttin&Struttin]

Just wondering. Has he been approached about leaving? Does he know your uncle died? He may be expecting to be asked to leave.
No idea about the lawyer. Good luck with this situation.

[Pullersboy]

If he's paying his way by mowing the grass, I would think he'd be looked upon as a tenant or renter and nothing more. In which case, he could be asked to move and then evicted if he failed to comply.

I could be totally off on this. But I wouldn't think it would be too much of a problem. Maybe more of bit of a hassle than anything else.

[Leon County Slayer]

If he's paying his way by mowing the grass, I would think he'd be looked upon as a tenant or renter and nothing more. In which case, he could be asked to move and then evicted if he failed to comply.

I could be totally off on this. But I wouldn't think it would be too much of a problem. Maybe more of bit of a hassle than anything else.

This is along the lines I was thinking too. I figured mowing/upkeep was payment for permission and could be interpreted that way.

[Leon County Slayer]

Just wondering. Has he been approached about leaving? Does he know your uncle died? He may be expecting to be asked to leave.
No idea about the lawyer. Good luck with this situation.

Good question. He is aware as they lived in separate trailers on the same plot. He's not been asked to leave yet because the land was jut put up for sale and it may not be an issue. My guess is with his history, it could quickly escalate so we want to have ducks in a row to respond appropriately and swiftly if needed.

[toledo]

Sounds like a tenant issue and not an adverse possession issue. If you want the property and it's a good deal, I personally wouldn't let this keep you from getting it done. First step would be talking to him and seeing how open he is to moving, second step would be offering to help him including some cash to help him along, third step would be go through the eviction process if he wont budge.

[Rick]

Good question. He is aware as they lived in separate trailers on the same plot. He's not been asked to leave yet because the land was jut put up for sale and it may not be an issue. My guess is with his history, it could quickly escalate so we want to have ducks in a row to respond appropriately and swiftly if needed.

The problem is that the way sane people rationalize things may not be the way the law does. Hopefully someone that actually knows will help.

[Atfulldraw]

Sounds like a tenant issue and not an immanent domain issue. If you want the property and it's a good deal, I personally wouldn't let this keep you from getting it done. First step would be talking to him and seeing how open he is to moving, second step would be offering to help him including some cash to help him along, third step would be go through the eviction process if he wont budge.

this (except it isn't eminent domain)

he's either a tenant or he is in adverse possession.

a thousand bucks is pretty good lubrication for most folks.....

[toledo]

this

he's either a tenant or he is in adverse possession.

a thousand bucks is pretty good lubrication for most folks.....

Sorry, I meant adverse possession. Him having permission to be there kills that issue on the spot.

Ive bought houses where people were trying to hold tight to an old agreement. Rather than try to get in a battle, $500-$1000 is money well spent. Just don't give a penny until them and their stuff is gone.

[RR 314]

It doesn't help calling him a squatter. :-) Call him a tenant. Almost certainly not AP (though some judges and other triers of fact are morons). AP, by statute, is commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person. This was a symbiotic relationship at its inception/commencement.