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My brother died leaving several tractors, junk cars, and other items at the home place to be left here.

Newberry, SC |

Some of these items have been here for 50 years. The daughter is trying to lay claim on everything, although some of these items were bought by my brother and I together. I have been told that possession is 9\10 of the law. How long does items have to be left on the property before it can be claimed by the landowner?

Attorney Answers 1


If one can prove ownership or partial ownership of items of personal property (personalty) left on another's real property (realty) by agreement, one can claim one's interest in the value of the personalty. One might give notice of the claim by notifying the personal representative of the estate and filing a claim against the estate. Possession is not 9/10ths of the law here: Proving the right of possession is the crux of the issue. You should contact a probate, wills, trusts and estate attorney -- that is, one who handles such issues.

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