[WSBARP] Property Conveyance 'hypothetical'

Bryce Dille BryceD at cdb-law.com
Fri Mar 10 11:32:34 PST 2017


Without "ouster" I  don't think one tenant in common can claim adverse possession against the other. Could claim reimbursement in Partition action.

Sent from my iPhone

On Mar 9, 2017, at 8:54 PM, Doug Schafer <schafer at pobox.com<mailto:schafer at pobox.com>> wrote:

Brainstorming?

B quit claims any and all interest in the property to neighbor, who then becomes a TIC with A's distant heirs. Local authorities then condemn the shack, so the neighbor demolishes it.  Neighbor pays property taxes and eventually claims ownership of 100% by adverse possession.

On 3/9/2017 11:41 AM, Richard Holland wrote:
I cannot think of a different solution but am curious if others have any ideas:

A & B own property as TIC – not JT.  Only A lived in property.

A dies without a will.  B is ‘stuck’ with property (it’s a nasty unkempt shack) and wants to sell/dump to neighbor who wants to demolish.  A’s heirs are spread out all over and expressed verbally no interest in property to B after clearing the house of all of A’s personal possessions.

There are 5 heirs spread out all over who are unaware they technically own any part of shack and but are quite likely to suddenly smell $ despite a very low value.

I can think of no approach other than 5 separate QCDs from heir to B or else they need to contribute to taxes and the healthy impending list of code violations.

Am I missing something?

Sincerely,

Richard L. Holland

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