Author Topic: How to....  (Read 4561 times)

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Offline Tobias

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Re: How to....
« Reply #25 on: July 11, 2016, 09:51:54 AM »
adverse possession id imagine

Offline Mrs. Gooch

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Re: How to....
« Reply #26 on: July 11, 2016, 09:59:23 AM »
So I if just start "maintaining" some land, in about 15 years I can claim it is mine?

Offline CNS

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Re: How to....
« Reply #27 on: July 11, 2016, 09:59:57 AM »
adverse possession id imagine
That's it

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Offline CNS

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Re: How to....
« Reply #28 on: July 11, 2016, 10:00:35 AM »
So I if just start "maintaining" some land, in about 15 years I can claim it is mine?

There are some other things that have to be met, but yeah, pretty much.

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Offline Rage Against the McKee

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Re: How to....
« Reply #29 on: July 11, 2016, 10:01:57 AM »
So I if just start "maintaining" some land, in about 15 years I can claim it is mine?

It's harder than it sounds.

Offline star seed 7

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Re: How to....
« Reply #30 on: July 11, 2016, 10:11:38 AM »
So I if just start "maintaining" some land, in about 15 years I can claim it is mine?

It's harder than it sounds.

Probably pretty easy in the country
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Offline Gooch

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Re: How to....
« Reply #31 on: July 11, 2016, 10:13:21 AM »
So I if just start "maintaining" some land, in about 15 years I can claim it is mine?
We'll need to sell our house before the mowing kid takes ownership from us.

Offline CNS

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Re: How to....
« Reply #32 on: July 11, 2016, 10:38:48 AM »
So I if just start "maintaining" some land, in about 15 years I can claim it is mine?

It's harder than it sounds.

I think you the owner has to know you are taking care of it, and does nothing about it.  So, in my dad's example, the neighbor set his fence on what is now my dad's property when the old owner had it still.  He then ran cattle on it for something like 20 yrs, all the while maintaining the ground and the fence.  When dad when to reclaim it, the guy quickly won the Adverse Possession suit. 

Offline Rage Against the McKee

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Re: How to....
« Reply #33 on: July 11, 2016, 10:40:03 AM »
So I if just start "maintaining" some land, in about 15 years I can claim it is mine?

It's harder than it sounds.

I think you the owner has to know you are taking care of it, and does nothing about it.  So, in my dad's example, the neighbor set his fence on what is now my dad's property when the old owner had it still.  He then ran cattle on it for something like 20 yrs, all the while maintaining the ground and the fence.  When dad when to reclaim it, the guy quickly won the Adverse Possession suit.

Yeah, you have to have the good fortune of living next to an idiot to make it work.

Offline Mikeyis4dcats

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Re: How to....
« Reply #34 on: July 11, 2016, 10:40:12 AM »
My dad lost 5 acres on a new lot he bought with a very similar set up.  Lost it because the neighbors sued and won due to him maintaining it for over 15 yrs while it was owned by the previous owner.  Don't remember what that is called, but it's a squatters thing.

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adverse possession

Offline Bloodfart

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Re: How to....
« Reply #35 on: July 11, 2016, 12:31:48 PM »
So I if just start "maintaining" some land, in about 15 years I can claim it is mine?

It's harder than it sounds.

I think you the owner has to know you are taking care of it, and does nothing about it.  So, in my dad's example, the neighbor set his fence on what is now my dad's property when the old owner had it still.  He then ran cattle on it for something like 20 yrs, all the while maintaining the ground and the fence.  When dad when to reclaim it, the guy quickly won the Adverse Possession suit. 

Sounds like we may be screwed.  Could it make a difference that the neighbor passed his ground on to his kids recently (5ys ago)?  There has never been a natural or man made divider between the 2 properties (i.e. tree row or fence) just 2 posts one at each end of the border between the 2 properties.

Offline star seed 7

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Re: How to....
« Reply #36 on: July 11, 2016, 12:33:42 PM »
For the next 20 years just move the posts 1ft a year and you get back 20ft p easy really
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Offline CNS

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Re: How to....
« Reply #37 on: July 11, 2016, 12:34:39 PM »
So I if just start "maintaining" some land, in about 15 years I can claim it is mine?

It's harder than it sounds.

I think you the owner has to know you are taking care of it, and does nothing about it.  So, in my dad's example, the neighbor set his fence on what is now my dad's property when the old owner had it still.  He then ran cattle on it for something like 20 yrs, all the while maintaining the ground and the fence.  When dad when to reclaim it, the guy quickly won the Adverse Possession suit. 

Sounds like we may be screwed.  Could it make a difference that the neighbor passed his ground on to his kids recently (5ys ago)?  There has never been a natural or man made divider between the 2 properties (i.e. tree row or fence) just 2 posts one at each end of the border between the 2 properties.

 :dunno:

I think the fence and cattle made all the diff in my dad's case.   :dunno:

Offline Mikeyis4dcats

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Re: How to....
« Reply #38 on: July 11, 2016, 12:37:26 PM »
So I if just start "maintaining" some land, in about 15 years I can claim it is mine?

It's harder than it sounds.

I think you the owner has to know you are taking care of it, and does nothing about it.  So, in my dad's example, the neighbor set his fence on what is now my dad's property when the old owner had it still.  He then ran cattle on it for something like 20 yrs, all the while maintaining the ground and the fence.  When dad when to reclaim it, the guy quickly won the Adverse Possession suit. 

Sounds like we may be screwed.  Could it make a difference that the neighbor passed his ground on to his kids recently (5ys ago)?  There has never been a natural or man made divider between the 2 properties (i.e. tree row or fence) just 2 posts one at each end of the border between the 2 properties.

 :dunno:

I think the fence and cattle made all the diff in my dad's case.   :dunno:

yes, adverse possesion requires "actual, open and notorious occupancy".    So simple occasional mowing or usage doesn't count.

Offline Mrs. Gooch

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Re: How to....
« Reply #39 on: July 11, 2016, 12:39:14 PM »
Just put a fence at your real property line.

Offline Bloodfart

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Re: How to....
« Reply #40 on: July 11, 2016, 12:48:34 PM »
So I if just start "maintaining" some land, in about 15 years I can claim it is mine?

It's harder than it sounds.

I think you the owner has to know you are taking care of it, and does nothing about it.  So, in my dad's example, the neighbor set his fence on what is now my dad's property when the old owner had it still.  He then ran cattle on it for something like 20 yrs, all the while maintaining the ground and the fence.  When dad when to reclaim it, the guy quickly won the Adverse Possession suit. 

Sounds like we may be screwed.  Could it make a difference that the neighbor passed his ground on to his kids recently (5ys ago)?  There has never been a natural or man made divider between the 2 properties (i.e. tree row or fence) just 2 posts one at each end of the border between the 2 properties.

 :dunno:

I think the fence and cattle made all the diff in my dad's case.   :dunno:

yes, adverse possesion requires "actual, open and notorious occupancy".    So simple occasional mowing or usage doesn't count.

All the ground in question is tillable acreage.  Hmm, I may pursue this thing.

Offline CNS

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Re: How to....
« Reply #41 on: July 11, 2016, 12:53:54 PM »
Mrs gooch is right.  Just put up a fence on your line.  Don't ask for permission.

Offline halfEmpty

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Re: How to....
« Reply #42 on: July 11, 2016, 12:57:13 PM »
So I if just start "maintaining" some land, in about 15 years I can claim it is mine?

It's harder than it sounds.

I think you the owner has to know you are taking care of it, and does nothing about it.  So, in my dad's example, the neighbor set his fence on what is now my dad's property when the old owner had it still.  He then ran cattle on it for something like 20 yrs, all the while maintaining the ground and the fence.  When dad when to reclaim it, the guy quickly won the Adverse Possession suit. 

Sounds like we may be screwed.  Could it make a difference that the neighbor passed his ground on to his kids recently (5ys ago)?  There has never been a natural or man made divider between the 2 properties (i.e. tree row or fence) just 2 posts one at each end of the border between the 2 properties.

 :dunno:

I think the fence and cattle made all the diff in my dad's case.   :dunno:

yes, adverse possesion requires "actual, open and notorious occupancy".    So simple occasional mowing or usage doesn't count.

All the ground in question is tillable acreage.  Hmm, I may pursue this thing.

Have they been tilling this acreage for a considerable amount of time?  Or is it untilled?  If they've been tilling it for 15+ years, it will be more difficult. 

Offline star seed 7

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Re: How to....
« Reply #43 on: July 11, 2016, 01:09:17 PM »
Sue for lost profits
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Offline Gooch

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Re: How to....
« Reply #44 on: July 11, 2016, 01:15:09 PM »
Have you challenged this other person to a fist fight yet?

Offline EMAWican

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Re: How to....
« Reply #45 on: July 11, 2016, 01:15:34 PM »
Just start farming up to the line and put up "No Trespassing" signs. Remember if you put up a fence the right half is theirs.

Offline Bloodfart

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Re: How to....
« Reply #46 on: July 11, 2016, 01:20:20 PM »
Have they been tilling this acreage for a considerable amount of time?  Or is it untilled?  If they've been tilling it for 15+ years, it will be more difficult. 

Yes, they have been tilling it for 15+ yrs. 

When dad bought the ground 40ish yrs ago he went out with a measuring wheel to mark off his ground.  The neighboring property owner (lives within 1/2 mile) met him at the half mile line and pointed at the post in the field and said.  "That's it, that's the property line."  The guy was best friends with grandpa so dad took his word and left it alone.  That's how we arrive at the present situation. 

Offline Bloodfart

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Re: How to....
« Reply #47 on: July 11, 2016, 01:26:03 PM »
Have you challenged this other person to a fist fight yet?

I'm pretty sure I'd crush the [redacted].  He's 90 something yrs old.

Offline star seed 7

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Re: How to....
« Reply #48 on: July 11, 2016, 01:27:44 PM »
Old people are easy to trick
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Offline Bloodfart

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Re: How to....
« Reply #49 on: July 11, 2016, 01:29:12 PM »
Old people are easy to trick

Not this old dude.  He made his fortune during prohibition if ya know what I mean.