Would not most banks fall under the exception that adverse possession cannot run against "idiots".
Paul in PA
I look forward to reaponses on this one.
> Would not most banks fall under the exception that adverse possession cannot run against "idiots".
>
> Paul in PA
:party:
Can only run against those with possessory interest. So no, not until after foreclosure proceedings have ousted those with earlier possessory rights. But tacking will take place as well, if applicable. And no, banks don't get the idiot exemption even if they somehow bankrupt themselves, although it would seem that's a prima facia case for mental disturbance:)
Two words: Trust Deed.
That is the permission to reside on the property. That prevents the clock from ever starting.
As was mentioned earlier, once the property has been foreclosed on, THEN the clock can start.
Oh, wait a minute. That's why the bank hires the Sheriff to remove the former owners.
> Two words: Trust Deed.
Three words: Lien Theory State. We don't need no stinkin' Deed of Trust to give us permission to reside on our own property.
There is an Oregon Case, Reeves v. Porta (1941), in which the encroached upon owners were absentee. They lived in Los Angeles, and held the property with intention of someday building a retirement home on it. They viewed the property perhaps 3 times in 15 years. The adverse possessor occasionally grazed a cow or two on the property.
The court ruled that the adverse possession would have to be of such a character that the owner would be aware of it, and when the owner was absentee that possession would have to be very substantial.
So I think that to prove adverse possession against a foreclosing bank, in Oregon, the possession might have to come in the form of a certified letter.
