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I thought that adverse possession is what allows brother A to sell without the permission of brother B's distant grandchild. But as I said, I know only what I'
by yummyfajitas 10y ago
I thought that adverse possession is what allows brother A to sell without the permission of brother B's distant grandchild.
But as I said, I know only what I've learned via today's jetlag + modafinil fueled googling session.
- rayiner 10y agoWhen dad dies and brother A and brother B each get half the land, they end up as joint tenants. Even if brother B then moves away and brother A uses the whole property for himself, adverse possession won't apply, unless brother A gives brother B "unequivocal" notice of his intention to claim sole ownership of the property. (Adverse possession between joint tenants requires a much more aggressive show of sole ownership than adverse possession generally.) But brother A can still sell his interest in the land. Whoever buys it steps into brother A's shoes--they're joint tenants with brother B (or his descendants). That's basically what Zuckerberg did. And as a joint tenant, he can seek a partition, which basically tells the court "hey, I don't want to share possession of this land, auction it and cash out everyone's interest."
- yummyfajitas 10y agoThanks for the clarification. That's really helpful.