Under the defacto laws of mortgage and deeds of trust, etc, it would be possible for you to make such a claim. On the otherhand, you have stated that you are seeking a 'pure title'. That is where the problem comes in. "Pure title" I am presuming to mean the patent on that land and its appurtenances.
The patent holder is long gone unless the land has passed from generation to generation without breaking the chain of heirship. If the land is under a warranty deed, then you can be assured that it is also under adverse possession already by the current holder of the warranty deed.
Aside from the above, the Congress of the United States, in 1933 passed the Senate Document #43 entitled 'contracts payable in gold'. This passed along with the HJR192 package. In the Document #43, the Congress clearly and emphatically state that ownership of land amounts to usery and that all property belongs to the state.
I wish you luck.
Jerry.
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Originally Posted by jdogpupil
For lack of a more specific forum, I choose this one - it falls under the heading of land possession, adverse possession, etc.
I'm actively seeking a proper Real Estate Attorney, but few are knowledgeable of Adverse Poss. Here goes:
Here's my sit-u-ation:
A house has sat for 6 years without being occupied. The taxes have been unpaid for the entire period - after 5 years of delinquency it is scheduled to be sold at tax sale in Feb.
The owner appeared (from somewhere), a lady who is living on state support and with no means of caring for or "leveraging" the house.
She has been reluctant to sell the property to my friend, though they continue to mildly discuss the possibility. Problem is, time is running out! In December the city will publicize the items for the coming tax auction.
I know a great deal about Adverse Possession, so I can imagine adversely aquiring the place, especially since no one lives there and the lady on title has let it rot. I could easily pay the 15K in back-taxes and begin the process.
But I would PREFER to have pure title. Once I have begun possessing the property, I wonder how I could invite the title-holder (lawfully) to quitclaim the property to me. If I included some form of consideration?
Who know enough about RE law to give an opinion?
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