If a distant family member pay property taxes for your mother a few years can that family member sell that lot

Can a cousin sell my mother's lot without having the deed even if he paid taxes for a few years to keep the property in the family
In Selling Property - Asked by Edward G. - Jul 24, 2012
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Answer(s)

Vicki B.
Broker/Agent
San Carlos, CA

Get an attorneys advice, but they would have to have:
1. Open and notorious use
2. Overt/Hostile
3. Exculsive
and I'm fairly sure it's continuous
The amount of time is fixed by each state, but generally more than a few years (5-20?)
You need to talk to an attorney, if they are on the land without some type of agrement you need have them removed. You may be able to do this by calling the police.
From what I understand just paying the taxes does allow them to keep the property, but it sure lets you know where they are coming from. If you sleep on this for too long...could become an issue! I put a link to one site, looks like a .gov

Jul 24, 2012
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Vicki B.
Broker/Agent
San Carlos, CA

Get an attorneys advice, but they would have to have:
1. Open and notorious use
2. Overt/Hostile
3. Exculsive
and I'm fairly sure it's continuous
The amount of time is fixed by each state, but generally more than a few years (5-20?)
You need to talk to an attorney, if they are on the land without some type of agrement you need have them removed. You may be able to do this by calling the police.
From what I understand just paying the taxes does NOT allow them to keep the property, but it sure lets you know where they are coming from. If you sleep on this for too long...could become an issue! I put a link to one site, looks like a .gov.
Web Reference: http://www.dot.ca.gov/hq/row/landsurveys...

Jul 24, 2012
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Bob B.
Broker/Agent
Langley, BC

In British Columbia the only person who can sell a property is (1) the registered owner as shown in Land Titles Office (one of the advantages of indefeasible title) or (2) someone appointed in writing to act on behalf of the owner with regard to the property and whose form of authorization is recognized by Land Title Office. In other words, the authority must be very specific and very clear and very formal.

Jul 25, 2012
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Chris R.
Broker/Agent
Denton, TX

Generally - NO. Not wihout declaring adverse possession and qualifying to meet all the demands.
Was there any agreement between the "mother" and the relative? He - the cousin - likely could convey clear title to another party without the mother's consent.
The cousin may have a claim of sorts for reimbursement of the taxes he advanced but he would have to perfect his claim.
This really needs to be addressed by legal counsel and/or through a title company in your area.

Jul 25, 2012
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Charles S.
Broker/Agent
Palm Springs, CA

NO

Jul 25, 2012
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Joshua P.
La Vergne, TN

If the property is in the United States, it may be that your cousin actually perfected title under something called the Doctrine of Adverse Posession. Check with a real estate attorney in the state where the property is located. Most states however require your cousin to actually live in the property or make use of it as an owner. (renting it out qualifies)
You cannot sell the property as it is: your cousin would have to sue for title in court and be awarded that title. Then, and only then, can you get the title insured to sell on the open market. Otherwise, the title is "clouded".

Jul 26, 2012
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Chris S.
Broker/Agent
Coeur D'alene, ID

90% sure that they could not

Aug 1, 2012
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Charles B.
Broker/Agent
West Palm Beach, FL

I agree with Joshua's assessment of Adverse Possession. I would add that that your cousin would have to live there (hostile) for a determined amount of years (depends on state). Also if you have Title Insurance and it becomes a matter of title, the Title Company will assign counsel to your mother and cover the costs.

Aug 8, 2012
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