My father recently passed away on the 17th and I am the executor of his will. His parents in 1993 purchased a mobile home and placed it on 0.5 acres of their land. My family moved from Florida to Georgia to live in this mobile
home. An agreement between my parents and my father's parents was made
that they would pay $400/month for rent. After 3 months they were
unable to keep this rent and as a result it was agreed between my father
and his parents that in lieu of him receiving money as part of their
last will and testaments that the mobile home and land would be a part
of his inheritance. We have lived here for 13 years with no lease and
no contracts and I have reason to believe that she is going to attempt
to kick us out since my father has passed away. I have since talked
with my father's mother to see if she would be willing to quit title
everything to me and declined. Additionally, she told me that it was
intended to be his inheritance but then stated that my father had been
removed from her last will and testament for various reasons. Prior to
my father's death he told my mother that my name and my sister's name
were both on the deed. We have since found that to no longer be true
when researching public record.
I believe that we could have some recourse in this matter by filing a
quiet title under adverse possesion under OCGA 44-5-161, 44-5-165 and
44-9-1.
44-5-161.
(a) In order for possession to be the foundation of prescriptive title, it:
(1) Must be in the right of the possessor and not of another;
(2) Must not have originated in fraud except as provided in Code Section
44-5-162;
(3) Must be public, continuous, exclusive, uninterrupted, and peaceable; and
(4) Must be accompanied by a claim of right.
(b) Permissive possession cannot be the foundation of a prescription
until an adverse claim and actual notice to the other party.
44-5-165.
Actual possession of lands may be evidenced by enclosure, cultivation,
or any use and occupation of the lands which is so notorious as to
attract the attention of every adverse claimant and so exclusive as to
prevent actual occupation by another.
44-9-1.
>>>The right of private way over another´s land may arise from an
express grant, from prescription by seven years´ uninterrupted use
through improved lands<<< or by 20 years´ use through wild lands, by
implication of law when the right is necessary to the enjoyment of lands
granted by the same owner, or by compulsory purchase and sale through
the superior court in the manner prescribed by Article 3 of this chapter.
home. An agreement between my parents and my father's parents was made
that they would pay $400/month for rent. After 3 months they were
unable to keep this rent and as a result it was agreed between my father
and his parents that in lieu of him receiving money as part of their
last will and testaments that the mobile home and land would be a part
of his inheritance. We have lived here for 13 years with no lease and
no contracts and I have reason to believe that she is going to attempt
to kick us out since my father has passed away. I have since talked
with my father's mother to see if she would be willing to quit title
everything to me and declined. Additionally, she told me that it was
intended to be his inheritance but then stated that my father had been
removed from her last will and testament for various reasons. Prior to
my father's death he told my mother that my name and my sister's name
were both on the deed. We have since found that to no longer be true
when researching public record.
I believe that we could have some recourse in this matter by filing a
quiet title under adverse possesion under OCGA 44-5-161, 44-5-165 and
44-9-1.
44-5-161.
(a) In order for possession to be the foundation of prescriptive title, it:
(1) Must be in the right of the possessor and not of another;
(2) Must not have originated in fraud except as provided in Code Section
44-5-162;
(3) Must be public, continuous, exclusive, uninterrupted, and peaceable; and
(4) Must be accompanied by a claim of right.
(b) Permissive possession cannot be the foundation of a prescription
until an adverse claim and actual notice to the other party.
44-5-165.
Actual possession of lands may be evidenced by enclosure, cultivation,
or any use and occupation of the lands which is so notorious as to
attract the attention of every adverse claimant and so exclusive as to
prevent actual occupation by another.
44-9-1.
>>>The right of private way over another´s land may arise from an
express grant, from prescription by seven years´ uninterrupted use
through improved lands<<< or by 20 years´ use through wild lands, by
implication of law when the right is necessary to the enjoyment of lands
granted by the same owner, or by compulsory purchase and sale through
the superior court in the manner prescribed by Article 3 of this chapter.