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Ownership claim after long-term residence

Queries related to building and decorating and whatever else the married dudes are up to, as well as all the repetitive questions about "Where can I find a nice air conditioned apartment in a good location for $75 a month?"
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Don-Pierre de Plume
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Ownership claim after long-term residence

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Post by Don-Pierre de Plume » Tue Dec 01, 2015 6:09 am

Situation:

House in PP (owned by a widow) is partitioned into several living spaces on ground floor (3), with other living spaces upstairs, each occupied by separate (but related) small families (children of the owner).

Except for one (on ground floor), which is occupied by an unrelated person who rents it from some other 'owner' (at $100/m) who first started occupying the place in 2010. Don't know if that 'owner' is related.

That other 'owner' claims ownership on the basis of long-term occupancy. I understand no rent is paid to the widow. The 'owner' wishes to sell (asking $25,000) but not to anyone in the family....

Perhaps the situation is just some family feud (don't know any details in that respect), which I suspect could complicate things. Family would like that tenant out.

My question: Can such a claim be made after just 5 years?
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Apartment
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Re: Ownership claim after long-term residence

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Post by Apartment » Thu Dec 03, 2015 10:36 am

I guess that depends on the mood of the Sangkat and Kahn and local police. If this guy has good friends there, he has a chance.
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Don-Pierre de Plume
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Re: Ownership claim after long-term residence

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Post by Don-Pierre de Plume » Thu Dec 03, 2015 8:33 pm

Apartment wrote:I guess that depends on the mood of the Sangkat and Kahn and local police. If this guy has good friends there, he has a chance.
Thanks for your response.

Since my first post, I am told that the 'owner' has moved and now cannot be found thus any sale is off (even though the tenant is said to be very close to the 'owner').

This after I was asked if I could assist with the purchase. It seems I asked too many questions.

The 'business plan' didn't make too much sense either.
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LexusSchmexus
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Post by LexusSchmexus » Thu Dec 03, 2015 8:52 pm

Your story is quite bizarre and the "other" owner would have purchased the property on 2010, not just squatted. Still, I don't quite follow.
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Don-Pierre de Plume
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Post by Don-Pierre de Plume » Thu Dec 03, 2015 9:23 pm

LexusSchmexus wrote:Your story is quite bizarre and the "other" owner would have purchased the property on 2010, not just squatted. Still, I don't quite follow.
No previous purchase. And I don't understand how a space within an existing property can be claimed or traded, other than rented. Similar to a room within a house.

Bizarre also to me, to the point I don't believe everything I'm told. I rather suspect there is some family feud they don't want me to know the details of.

I'm left guessing that it was assigned to a family member in the past who decided to rent it out.

I explained that if they want my help, I need to understand the situation but can't get some basic answers.

Anyway, the idea seems to have been shelved.
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v12
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Re: Ownership claim after long-term residence

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Post by v12 » Thu Dec 03, 2015 10:17 pm

IIRC, unfenced land, "occupied" by whoever, will change practical ownership to that whoever after (iirc) 5 years. That's why you see all those stupid fences on piles around land pieces for years and years. Just to take care, nobody can steal away the land. Anybody can access the land, though simply because of the fence, no ownership change is granted.

A house, even when divided in rented out sections, still should be assumed to be on one (probably soft) title. Only the owner of that title can sell the property.

If there are titles assigned to each of the rented out sections (ie apartments ....) then the owner of that apartment can of course sell his ownership.
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Don-Pierre de Plume
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Re: Ownership claim after long-term residence

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Post by Don-Pierre de Plume » Fri Dec 04, 2015 9:50 am

The only title that exists is for the whole house (2 story building).

Looks like it's just some claim to ownership on the basis that the same tenant has been in that 'apartment' for some 5 years.

Won't get involved, something is wrong.
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v12
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Post by v12 » Fri Dec 04, 2015 1:45 pm

Change the locks ......
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