Utah Real Estate 57-1-11: Claimant Out Of Possession May Convey.Any person claiming title to any real estate may, notwithstanding there may be an adverse possession thereof, sell and convey his interest therein in the same manner and with the same effect as if he were in the actual possession thereof. How to Acquire Property through Adverse PossessionIt is a cornerstone of American law that no one can take real property from you without paying you. However, the law of “adverse possession” is an exception. With adverse possession, someone gains title (ownership) to the real estate by continuously occupying it for a certain length of time. In order to acquire property using adverse possession, you need to treat the property as if you own it by making improvements to the property and, in some states, paying taxes. Occupying the Land• Occupy the land in a “hostile” fashion: Adverse possession requires that you make a “hostile” claim on the land. This means different things in different states. You continuously occupy the land. You can’t abandon the property and then return later. Each state has a time period for how long you must continuously occupy the land. Filing a Lawsuit in Court• Consult with a lawyer: Adverse possession claims are complicated. You really have only one shot of winning this kind of lawsuit. Once the owner is tipped off that you are trying to get the property, they will move to eject you. Accordingly, you should think about hiring a lawyer to represent you. He or she can tell you what kinds of evidence will be most persuasive. You can find a lawyer by contacting your local or state bar association and asking for a referral. • Title the document: You can title your complaint “Action to Quiet Title” or “Complaint to Quiet Title.” Insert the title right below the caption and make your title all caps, in bold. Add an introduction. Your introduction can briefly identify yourself and state why you are bringing this action • Listen to the defendant’s witnesses: The owner of the property also gets to put on a case. He or she could call witnesses who challenge your version of events. You will have a chance to cross-examine them. For example, the owner might have someone testify that you left the property for long periods of time. Real Estate AttorneyWhen you need help from a real estate attorney in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 The post Utah Real Estate Code 57-1-11 first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-real-estate-code-57-1-11/
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