Eminent Domain

DannyD · Sep 5, 2004

The difference is, and I believe this is where the law comes in, I have been taking care of it, out of my own pocket, at my own will, to improve the looks of my place. He will not do it, and has decided to 4 wheel on it.....his right......but not being the neighbor that I have been in taking care of it.

The law was put in place if I remember to protect those that may take care of something and then lose it to others that claim it after so many years.

I will not take his property, I have decided to ask him one more time to sell, if not, a fence goes up and he can 4 wheel all he wants. The fence will be at least 7 feet high, if not higher and will also be landscaped as to not see anything behind it.

heehaw · Sep 5, 2004

that's interesting..i have seen folks lose land because of adverse possession, and the ones that ended up with the land never paid taxes on it, until after the court battle, which awarded the land to them, because of open and notorious use for over 7 years. i think some states require more years to do this, i didn't know any were less.
heehaw

BillyP · Sep 5, 2004

Finally found a definition of adverse possession that actually makes sense. I think anyway.

adverse possession
n. a means to acquire title to land through obvious occupancy of the land, while claiming ownership for the period of years set by the law of the state where the property exists. This can arise when a rancher fences in a parcel contending he was to get title from some prior owner, and then grazes cattle on the property for many years without objection by the title holder. Payment of real property taxes and making improvements (such as paving or fencing) for the statutory period (varies by state) are evidence of adverse possession but cannot be used by a land grabber with no claim to title other than possession.

By this definition, Danny is SOL and rightly so.

DannyD · Sep 5, 2004

Thanks Billy. I am going to ask him again to sell, if not the fence will be up and I will not be cutting the grass or taking care of it in any way after that.

Hope he likes the fence though

plumboy · Sep 5, 2004

( The difference is, and I believe this is where the law comes in, I have been taking care of it, out of my own pocket, at my own will, to improve the looks of my place. )

What says the land has to be legally maintained?Do you have zoning that says so?

CountryJoe · Sep 5, 2004

( Who said this was the requirement for adverse possession? It's not as simple as mowing the grass and planting daisies. )

Danny made it sound like since he mowed the grass on it for 5 years he might consider " eminent domain" as a way to get it or justify getting it...geeezh.You know and I know there is more to it than that.Grief !!. I guarantee if anyone ever tried a dirty trick like that on me,they better have lots of green,because there would a lot of lawyer fees to pay once the ball got rolling and it went to court . /forums/images/graemlins/smirk.gif

CountryJoe · Sep 5, 2004

( What says the land has to be legally maintained?Do you have zoning that says so? )

Excellent point...

DannyD · Sep 5, 2004

Actually there are laws on grass and weeds in our town

DannyD · Sep 5, 2004

I would not TRY that, but I have been taking care of his property with no compensation, and he makes a point of it that he does not have to do it because I do.

That is not the thing. It is this ATV and his tearing up what I have fixed. He has no consideration for others on it, as to when he rides.

I am going to ask him one more time to sell, if he does not a fence goes up and the story ends there.

and remember, you wouild have to have a lawyer also, and you could be dealing with the millionaire next door and not know it.

Junkman · Sep 5, 2004

( if anyone ever tried a dirty trick like that on me,they better have lots of green,because there would a lot of lawyer fees to pay once the ball got rolling and it went to court . /forums/images/graemlins/smirk.gif )

Having been there once, I can tell you that you both better have a lot of $$$$$$$. Back in 1984, it cost me over $25,000 to defend the title to my land because the neighbor tried to claim it. It took 3 years of battling back and forth before they finally stopped and signed a consent agreement and a boundary line agreement. Both of these were before we got before a judge for a trial. It took another 3 years after that consent agreement to get them to agree to the survey that was described in the consent agreement. This was only after going back to the judge that had OK'd the settlement agreements in the first place. These agreements and survey were registered in the land records, and part of the agreement was "not to trespass". They have violated that part almost since the ink was finally dry. The only time that they didn't violate this was when it was still in the preview of the courts. Now, they have started all over again and it will probably cost 3 times as much to stop it this time. Just because you think that it is over, it isn't over until one or the other decides it is over. In my case, they want my land and will harass me until I sell to them.... that will never happen in my lifetime. So much for a civilized society. In the old days, you could shoot them and end the problem. Today, all you can do is make the lawyers rich! /forums/images/graemlins/mad.gif Forgot to mention, title insurance didn't pay a thing or offer any help. /forums/images/graemlins/mad.gif /forums/images/graemlins/mad.gif