Sunteți pe pagina 1din 3

Guidelines for Adverse Possession:

1. Intent. Intend to find a nice comfortable home in the area you


desire and you
will find it. If it takes more than a couple of days, then, you are
not intending it to happen.
Everyone should have the same energy for the intention.
Remember when your "realtor" used to take you around to see homes in
areas you wanted to
live, and then you filled out a Purchase and Sales Agreement, an
Application for your own credit,
signed a Note and a mortgage and multitudes of papers slid across the
desk making you a
commercial slave for 30 years, well, hell-o and welcome to the World
of Adverse Possession,
where the living people now cruise the areas where we want to live and
take over possession with just
one piece of paper! I love it when the system works for we the people.

2. What to look for when cruising neighborhood:

a) Tall grass, overgrown shrubs, weeds, etc., papers in yard and near
front door; and other signs
of neglect. Maybe roof needs some attention.

b) In some counties, an orange tag will be placed on meter which can


usually
be seen from the street or driveway. This means that the electric has
been
shut off. The meter itself is usually turned to the right to indicate
that it is not in use.
In some of the rural areas the meter will be completely removed.

c) If you see that orange tag, then, maybe try the water spigot near
the house to
see if that is also turned off. It usually will be.

----Sometimes a realtor has already changed the locks and has the grass
mowed attempting to
make the home look lived in. That was the situation where I am now.

Sometimes there is a sign in the window that might indicate Bank-owned


no trespass or whatever.
I would leave and not pursue that one.

But if there is a realtor lockbox or other indication of a new-looking


lockset, then, after you
check the records you will know more about its status and whether it
can be AP'd.
Your due diligence is very important since you will check the County
property appraiser
and search records by address, find the record owner, then, go to the
county court records
and see if the civil records are accessible online. If not, you must go
to the courthouse and
use their computers to search for that name in the civil court records.
If you are having
trouble, then, ask the clerk and they will be glad to help you. You
MUST know the status
of the home and the court case if there is one. You are checking for
Notices of hearings
for summary judgment or motions for summary judgment. It is best if
the Certificate of Sale
or Title has not been issued. You can also check the OFFICIAL RECORDS
for a NOTICE OF LIS PENDENS or maybe a short title search for liens,
etc.

3. It is not recommended to visit the neighbors since you have no idea


the relationship
with the former owner of record. They could have been good friends,
family members,
or bitter enemies. Please use your discretion. If a neighbor or
someone approaches
you, then, let them talk to you and you can tell whether they are
friendly or not or
going to engage in conversation with you about what you are doing there
or
about their neighbor. Of course remain calm and try not to act nervous
although sometimes
that isnt easy because Adverse Possession is not in the norm and most
people have
no clue....look how long it took me to find out about it!
In my case, I talked with no one and everyone here leaves me alone
which I prefer.
The less they know the better.
Privacy and your safety should be foremost on your mind. Be friendly
but reserved.

4. After you have done your due diligence and feel comfortable (as much
as possible),
then, fill out your DR 452 and have it notarized. You can take it
directly to the
property appraiser and they will fill out the bottom and return the
original to you,
and then take it to the official records office where mortgages are
recorded and have it recorded.
It will cost about 10.50 give or take.

5. Then, get a professional locksmith and have the locks changed or do


them
yourself keeping the receipts.

5. Go to electric co. and water co. (unless you have a well of course)
and get the electric turned on
and water. I would take a copy of your DR 452 with you in case they
want to see a lease.
I was never asked for anything when I had the electric transferred.

6. Then once electric is on and water running, you can clean carpets,
pressure wash,
trim shrubs, and do a general cleanup and improvements. I would take
before and after photos and
keep all receipts. You can also record a Claim of Lien for all the
work you have done or have
a handyman friend do it. You do not have to have a contractor's
license to record a Claim of Lien.
It is not a lien against the former owner but against the property
itself. It is more of a common-law
lien for labor and materials used for improvements therein and thereon.
DONT FORGET YOUR NO TRESPASS SIGNAGE ON DOOR, IN WINDOWS AND ON FENCES
AND THE CASTLE DOCTRINE IF YOU SO DESIRE.

--------It is for your protection just in case the "record owner" comes
back and wants you to move
or some agent-attorney wants to trespass and get involved. If an owner
contacts the sheriff's
department, he/she would have to sign an affidavit accusing you of
trespass but since that is
criminal it must go to the prosecutor for an information indictment or
grand jury indictment and
an arrest warrant signed by a judge with competent jurisdiction. For
the sheriff just to disturb
your peace, he better have a verified warrant signed by a judge with a
supporting affidavit.
Of course, we have had one freedom seeker who had problems with the
deputy sheriffs but
I think someone else wanted that home and they intimidated and bullied
her out of that adverse
possession and made it seem as though her "acts" were crimes when they
were not.

I dont really see the "record owner" coming back but you never know and
should always have Plan B to recoup
your out of pocket expenses and labor. Use your own discretion as you
may want to just
keep a running tab with before and after photos to prove your intent of
cleaning up the place
and making it habitable and give it some "curb appeal" which might make
your neighbors
happy.

7. Then, dont worry be happy and move in and enjoy your new place rent-
free.
All done with intention, love, patience and gratitude, a pen and Form
DR-452.
Be safe, happy and harmonious.

S-ar putea să vă placă și