Skip to main content

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?

+ Read More

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.

The material on the site is made available with the understanding that this author is not engaged in providing professional legal advice. Before relying on material on the site users should obtain appropriate professional legal advice. The material on this site may include opinions, recommendations or other content from third parties that do not necessarily reflect this author's views. Links to other Web sites are included for the user's convenience and do not constitute this author's endorsement of the material on those sites, or any associated product or service. The listing of a person or company in any part of this site in no way implies any form of endorsement by this author of products or services provided by that person or company. The questioner is advised to consult an attorney for legal advice as to that person's particular situation.