The law of adverse possession is not easy to define in a simple
statement as the facts of each case will be different and controlling.
The basis for the law originated in earlier court decisions but is now
statutory. The statute is Va Code Ann Section 8.01-236 see
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-236
The principles of adverse possession are well explained in Grappo v.
Banks 400 S.E. 2nd which may be found at
http://scholar.google.com/scholar_case?case=2968827988011160674&q=helms+v.+manspile&hl=en&as_sdt=6,47&as_vis=1
A later case affirmed and applied the principles of adverse possession.
Helms v. Manspile , 671 SE 2d 127 which may be found at
http://scholar.google.com/scholar_case?case=7248040225814155486&hl=en&as_sdt=6&as_vis=1&oi=scholarr
The adverse possession time affecting Jefferson was 20 years. There are
several adverse possession cases in 1 Virginia reports (33 Grattan)
which is the report of cases collected by Jefferson, and will detail
the law as it then existed for him.
Richard E. Dixon Editor Jefferson Notes 571-748-7660 TJHeritage.org
On 4/14/2014 12:39 PM, John Adams wrote:
> You don't get a tax bill. You go to the tax office and PAY the taxes. Get
> the receipt and hold on (occupy) to the land. You are probably also in
> adverse possession of the land. Property is probably rural and may be
> abandoned. That would be for the courts to decide
> John P. Adams
> Texas
>
> -----Original Message-----
> From: Discussion of research and writing about Virginia history
> [mailto:[log in to unmask]] On Behalf Of Henry Wiencek
> Sent: Monday, March 31, 2014 3:02 PM
> To: [log in to unmask]
> Subject: Re: Adverse Possession
>
> How would one receive a tax bill for land he didn't legally own?
> Henry Wiencek
>
> Sent from my iPod
>
>> On Mar 31, 2014, at 3:03 PM, John Adams <[log in to unmask]> wrote:
>>
>> Today in Texas, I believe it is 10 years of uncontested occupancy and
>> payment of taxes. Maybe just Taxes being paid without other payments
>> by other parties.
>> It is a court case and must be adjudicated to transfer title. That I
>> am positive about. Probably similar laws in Virginia John P. Adams
>> Texas
>>
>> -----Original Message-----
>> From: Discussion of research and writing about Virginia history
>> [mailto:[log in to unmask]] On Behalf Of Lyle E. Browning
>> Sent: Saturday, March 29, 2014 9:37 AM
>> To: [log in to unmask]
>> Subject: Adverse Possession
>>
>> Today, adverse possession must be "open and notorious" for a number of
>> years before the subject land is adjudicated in court. In researching
>> the Town of Beverley/Westham just west of Richmond in Henrico, towards
>> the end of its existence early in the 19th century, it appears that
>> Thomas Taylor tried such a move against Thomas Jefferson who reminded
>> that worthy that TJ had the original deed and was not of any mind to
>> allow Taylor to take the property.
>>
>> How long has the present system been in place? And if different in the
>> late 18th to early 19th century, would the documents appear as deeds
>> or in chancery suits or where?
>>
>> Thanks in advance,
>>
>> Lyle Browning
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