Legal Question in Real Estate Law in Virginia
unknown heirs
About a week ago my there was a publication in our local newspaper concerning 25 acres of land.My father claims he (and many other heirs)should own this land. The publication ran for four weeks. The publication stated that 2 men were attempting to claim the 25 acres as there own because ther were not any known heirs. The 2 men claim that they have been paying taxes on the land for 30 years or more and using the land as their own. Even selling timber from the land. The publication listed a court date for and individuals who may have an interest in the land. My father attended the court hearing last Monday along with 3 other heirs to the property. They were told that they have 30 days to provide in writing their relationship to the original owners of the land. The way I understood the publication in the paper was that if no heirs showed up in court then the 2 men would have been able to claim the land as there own. However, in spite of the claim, there are heirs. Does this mean that the land goes to the heirs that showed up in court providing they can prove that they are heirs? I guess my big question is what needs to be done by the 4 known heirs in order to rightfully claim the property as their own?
2 Answers from Attorneys
Re: unknown heirs
Your father, and any other heirs, will need to document their ownership interest in the land. This may be through land records, probate or other documentation. Another issue is the claim of use by the 2 mewn for over 30 years. This may give rise to a claim that they own the property by adverse possession. Such a claim is usually proved/disproved by the specific facts.
Re: unknown heirs
Your father and the other alleged heirs would be well advised to engage the serices of an attorney to assist in contesting what is likely a dubious claim of adverse posession.
In the Commonwealth of Virginia it takes more than merely paying the property taxes to prove such a claim to land and all of the conditions required must have been continuously in place for at least 15 years.
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