Full question:
I paid the back taxes on a house; is it mine? Can I evict a person after giving a 30 day notice?
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: Virginia
Answer:
Adverse possession allows someone to acquire title to another's land through specific actions over a defined period, which varies by state. In Virginia, this period is fifteen years. However, merely paying taxes does not grant ownership through adverse possession. To claim adverse possession, the actions must be overt, hostile, exclusive, uninterrupted, and under a claim of right, providing notice to the original owner.
Payment of property taxes and making improvements (like paving or fencing) can support a claim of adverse possession, but these actions alone are not enough without a prior claim to the property. Some public properties are exempt from adverse possession rules. Additionally, many states require that possession be under 'color of title,' meaning the possessor believes they have the right to the property based on some document or fact that seems to convey title.
Regarding eviction, if you are a landlord, you can evict a tenant who has defaulted on payments. In Virginia, you can give a month-to-month tenant a thirty-day written notice to terminate the tenancy (Va. Code § 55-222). If the tenant does not vacate, you may proceed with eviction. You may also have a claim for unjust enrichment if you've made payments on the property, requiring proof that the tenant benefited from your payments and that retaining that benefit would be unfair.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.