[WSBARP] New fact pattern for me Adverse Possession.

[Paul Neumiller]

Taking a shot in the dark and shooting wildly from the hip, I question if the possession is notorious. While Bad Guy may have possession of the residence with fraud, he is still in there with Son's permission (even if fraudulently obtained.)  That may be a fertile vein to explore.  I haven't had to do the research to see if "possession by fraud" fulfills the notorious component of adverse possession but I suspects it doesn't.


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Craig Gourley
Sent: Thursday, March 11, 2021 2:19 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] New fact pattern for me Adverse Possession.

Listmates.  After 37 years I thought I had seen just about every weird fact pattern that people can come up with.  Well, I was wrong.  Your thoughts on this would be appreciated.   Mom dies 17 years ago. No probate. Son is grief stricken when along comes the bad guy and tells grief stricken son that he will " take over"  the house and gives him a couple bucks for his trouble.  Son moves out, signs some document which we do not have a copy of.  Son later figures out he has been taken advantage of but figures nothing can be done.   Now, along comes the IRS investigating the bad guy and trying to see if he owns the property which bad guy I believe tells the IRS that he does not . IRS tells son that whatever he signed was not valid so Mom is still in title.  I check and yes deceased mom is still in title with an outstanding Deed of Trust that has been in foreclosure twice since she died. Not sure if bad guy lives there but suspect he is renting it out.  Soooo.  If we open probate to get son the  power over the real estate can we try to kick the bad guy out?  Is the fact he has had possession for more than 10 years create adverse possession even if he acquired that possession by fraud or some underhanded means?  If he made a statement to the IRS under penalty of perjury that he does not own it, is that a waiver or some such thing? My initial thought is adverse possession is a problem but I have never researched the fraud angle or a subsequent disclaimer.  Thoughts???

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