Legal Question in Real Estate Law in Georgia

I bought a mobile home from my mother in 1984. I rebuilt the home and added several rooms to it. It cannot be moved. My mothers never sold me the land and she never asked for any rent.she had told me that upon her death I would receive the land it sits on. She passed away in 2011 and I was not willed the land. My brother received all of her land and he doesn't want me on the property. He has put up "no trespassing" signs. I still live in the home. I have always paid the taxes and I still do. I have been in my home for 28 years. Can I take possession of the land my home sits on by adverse possession or maybe get some type of easement? Is there any legal action I can take to gain possession of the land?

Asked on 5/14/13, 12:36 pm

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Adverse possession requires, as the name implies, being "adverse" in the occupation. You were not adverse to your mother - she allowed you to stay there. She had the opportunity to give you the land and she chose not to. It is now your brother's land. You might be "adverse" to him, but you are far short of the time period so that is not an issue. You may have had a claim against the estate for property taxes you paid, but considering you got the land rent-free that may or may not go very far. An "easement" is a completely different subject not applicable.

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Answered on 5/14/13, 12:53 pm

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