Full question:
Property was owned jointly by my mother-in-law and brother-in-law in Nevada, they have both since passed away and i have been paying the taxes on this property for over 10 years. Can my wife and i claim title to this property in our name and how did we do this? We live in California.
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: Nevada
Answer:
Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state. In general, the acts of possession must be overt, hostile, exclusive, uninterrupted, and under a claim of right, etc., so as to give the owner or others claiming entitlement to possession notice and an opportunity to counter the adverse possession. Payment of real property taxes and making improvements (such as paving or fencing) for the statutory period, which varies by state, are evidence of adverse possession but cannot be used by a person with no claim to title other than possession. Certain public property is not subject to adverse possession. Some states require that the possession be "under color of title," or that the person must believe that he has the right to possess it and has some form of document or is relying on some fact that while not actually conveying title, appears to do so. In addition, many states, such as Nevada, require concurrent the payment of property taxes for a specified period of time, and a few states also require that improvements be made upon the land. Nevada requires occupation and payment of taxes for 5 years.
Eventually, the possessor is required to file for title with the county recorder. The actual owner then has a limited amount of time in which to challenge the newcomer's title. Essentially, the owner's only argument is to claim some sort of disability; such as age, mental instability, or imprisonment. The owner is not required to do much in order to stop the possessor from acquiring title; merely sending the possessor a note granting permission to be there will usually suffice. Various rules exist regarding the continuousness of the possession and the ability to "tack" various periods of possession together in order to satisfy the time of possession requirement.
Please see the following NV statutes:
NRS 11.070 No cause of action effectual unless party or predecessor seized
or possessed within 5 years.
No cause of action or defense to an action, founded upon the title to
real property, or to rents or to services out of the same, shall be
effectual, unless it appears that the person prosecuting the action or
making the defense, or under whose title the action is prosecuted or the
defense is made, or the ancestor, predecessor, or grantor of such person,
was seized or possessed of the premises in question within 5 years before
the committing of the act in respect to which said action is prosecuted or
defense made.
NRS 11.120 What constitutes adverse possession under written instrument or
judgment.
For the purpose of constituting adverse possession by any person claiming
a title, founded upon a written instrument or judgment or decree, land
shall be deemed to have been possessed and occupied in the following cases:
1. Where it has been usually cultivated or improved.
2. Where it has been protected by a substantial enclosure.
3. Where, though not enclosed, it has been used for the supply of fuel,
or of fencing timber, for the purpose of husbandry; or for the use of
pasturage, or for ordinary uses of the occupant.
4. Where a known farm or single lot has been partly improved, the
portion of such farm or lot that may have been left not cleared, or not
enclosed according to the usual course and custom of the adjoining
country, shall be deemed to have been occupied for the same length of
time as the part improved and cultivated.
NRS 11.100 Possession presumed in legal owner unless adversely held.
In every action for the recovery of real property, or the possession
thereof, the person establishing a legal title to the premises shall be
presumed to have been possessed thereof within the time prescribed by law;
and the occupation of such premises by any other person shall be deemed to
have been under and in subordination to the legal title, unless it shall
appear:
1. That is has been protected by a substantial enclosure; or
2. That it has been cultivated or improved in accordance with the usual
and ordinary methods of husbandry.
NRS 11.130 Premises actually occupied under claim of title deemed to be
held adversely.
Where it appears that there has been an actual continued occupation of
premises, under a claim of title, exclusive of any other right, but not
founded upon a written instrument, or a judgment or decree, the premises so
actually occupied, and no other, shall be deemed to have been held
adversely.
NRS 11.150 Additional requirements for adverse possession: Occupation
continuously for 5 years; payment of taxes.
In no case shall adverse possession be considered established unless it
be shown, in addition to the requirements of NRS 11.120 or 11.140, that
the land has been occupied and claimed for the period of 5 years,
continuously, and that the party or persons, their predecessors and
grantors have paid all taxes, state, county and municipal, which may have
been levied and assessed against the land for the period mentioned, or
have tendered payment thereof.
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.
