My grandmother's house was sold out from under she and her sister in exactly
the way described, and when the sister went back to claim what was hers, there
was nothing left. <My grandmother was not surprised a bit and declared at that
point that she would never return (and no one ever did after that until I went
a few years ago)
On May 8, 2013, at 2:57 AM, Tomas Leal wrote:
> I second Nancy Jean's response and add that records don't always tell the
> whole story. Some emigrants simply left, hoping to return, and family
> members--sometimes even complete strangers--used the abandoned properties as
> their own, if only to work the land. After a time, the "squatters" may file
> paperwork claiming ownership by virtue of their possession for a certain
> number of years.
>
> Another issue is informal, unrecorded agreements made between emigrants and
> remaining residents, for which there are no records, only word-of-mouth
> stories. One more is the issue of power of attorney ("procurador") that
> emigrants sometimes signed to designate someone to take care of the property
> in their absence. In Portugal, the procurador has absolute authority to do
> anything. Nancy Jean and I have heard many stories of emigrants or their
> adult children returning many years later to find properties sold from under
> them, and there is nothing they can do because of the attorney agreement.(In
> contrast, the power-of attorney agreement in the U.S. usually specifies
> exactly what the designee may and may not handle, may and may not do.)
>
> Thus, the process of tracing ownership can take a lo-o-o-ong time, and
> there's no guarantee the tracing will turn up completely accurate
> information. What matters, ultimately, is how the property is registered at
> the concelho--and even that information may be outdated because many Azoreans
> traditionally do not file documents so they can avoid paying fees and higher
> taxes.
>
> Best advice: work with a local who knows the ropes.
>
> Tomás
>
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Thank you,
Frederick Souza
19 Owen Drive
Stonington, CT 06378-1012
860-535-2670 mailto:[email protected]
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