Long-occupied family land: co-heir's share ordered transferred by prescription
Another heir sought confirmation of an inherited share; that claim was dismissed and our client's counterclaim based on adverse possession was granted, so the heir's share must be transferred to our client.
How the case unfolded
Background
Our client had lived on the land with the grandparents since childhood and, after they passed away, kept living there, building a house and paying property tax. Another heir of the grandparents then sued to confirm an inherited share, and our client counterclaimed for transfer of that share.
Issues and ruling
Our client's claim of a testamentary gift was not accepted for lack of evidence. However, the court held that a possessor is presumed to possess as owner, and that the failure to prove the gift alone does not rebut that presumption. It found that 20 years had passed since our client began sole possession, completing acquisition by prescription.
Outcome
The opposing party's claim against our client was dismissed, and the opposing party must register the transfer of its share to our client. The related litigation costs were placed on the opposing party.
This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.
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