Eminent Domain

[DannyD]

OK, the guy down the street that owns the strip of land behind mine, and now has one of those silly ATV's is getting on my nerves. I have cared for (cut grass etc) the property for I know 5 years, he has owned it for all of that, can I take it from him and keep his silly ATV off the property. He is not on my line, but he has no conscience on when, how, who, or what he tears up of what I try to keep neat......since it does join my property.

I have offered to buy it several times, he does not want to sell. My other idea is a fence, sound proof and then I dont cut the grass any longer.......but I would rather take it if he wont sell it to me.

 

[Bird]

Danny, in my opinion, you're just out of luck if he won't sell it to you. As far as I know, only a governmental entity can take property under eminent domain, although there have been cases in which a governmental entity took property in order to give or sell it to a private party when they could claim it was "for the public good." I don't think it'll work if it's just for your good. /forums/images/graemlins/wink.gif /forums/images/graemlins/laugh.gif

 

[DocHeb]

I think you're lucky he hasn't gotten you for trespassing. Stop cutting his lawn and stay off his property.

 

[Varmintmist]

The term you are looking for is "adverse possession". Most places require 20 years of use with no acknowledgement of the ture owners right to use the property. You have asked to buy it so that means that you are aware of where yours stops and his starts.

Eminent Domaind is where the Gov takes land, for the public use. Only lately has Wal-Mart been defined as a public use. I get annoyed at this one so I'll shut up.

Stay off the ground, it isnt yours. After a few years it may become impassible and he will sell it.

 

[Bob_Skurka]

Danny there are some laws that allow you to take over another persons property IF you have been using it for an extended period of time and IF he has permitted it without comment and IF a whole bunch of other things are met, and they vary by state laws and ....

In your case, based on the fact that he knows it is his, you know it is his, you have offered to buy, he has refused to sell, I'd say that you should stop mowing the property and put on a fence on your side of the property line.

I recently purchased a few vacant acres next door to me, the neighbor on the other side of that land thought his land ended somewhere about 30 or 40 feet into my new property. I wanted to put up some fencing and plantings and went to be neighborly and chat with him about my plans. I showed him where I wanted it to go and he got mildly upset, again thinking I was planting and putting a fence on his property. I got the plat of survey, got a guy with a laser transit and appropriate equipment and shot the property line, painted it with pink markers, placed pink survey flags, and found out the corner of his driveway was on my new lot. Now I knew that the corner was close, but without that laser and those pink flags, he was arguing that his land was another 30-to-40' past his driveway. To make a long story short, he wants to pave his driveway. I told him not to pave the corner as the corner is on my land. I told him I would consider leasing him the 12 square inches of my property he wants to pave, but that he could not use it, he had to lease it. Had I NOT taken that stand, then he could, at some point in the future, claim ownership of that portion of the land. That was earlier this summer. The drive is not paved yet, but my fence is up and my plants are in.

 

[Gatorboy]

Danny,

I noticed your member picture looks squished. I tweaked it a bit, and have attached it.

 

[RICHARDG]

Well,,,since you asked,,,,he owns the land,so you can expect him to use it,,,,told a neighbor of mine once,,,I was,[still am],letting the field between us and her grow up for privatcy,,she worried that me doing that,would cut down on her view,[which it certainly did after 12 years],,I told her that since there were no zoning laws of any kind here,she should consider her self lucky,,,cause in those 5 acreas,,you could raise a lot of hogs,,and I was on the upwind side,,and had always thought about raising hogs,,,but,just for the record,.I hate those 4 wheelers,,,noise,,people are forgetting how to walk,I think,,deer season is the worst here,,I would quit cutting the grass,for sure,,and roofing nails will puncture a slimed tire,[might take a handfull],,just kidding????? thingy

 

[DannyD]

He actually likes the fact that I cut it for him. There is no hard feelings at all. I just wish he would consider that I do take care of it for him, and not tear it up with that ATV.

Guess he will just have to turn sharper as I will be putting up a fence.........unless he decides to sell it to me. I may ask him one more time

 

[DannyD]

Looks good, what did you use to do that. Can you make the old man look better.

 

[Gatorboy]

<font color="blue"> what did you use to do that? </font>

I just cropped it square, to make it look correctly when it gets posted as your profile picture (80x80).

Just edit your profile and insert the following for your picture: (make sure to replace each '*' with a 't')
h**p://www.tractorbynet.com/forumfiles/491269-dannyd.jpg