Eminent Domain

[goodoleboy]

part of the acreage I purchased was taken by Eminent Domain to put in county road. It is less than 1/4 acre though.
Adverse possesion is something you think about seriously about before taking action. There are 2 ends of it and you couldup be sued for trying to take his land..

 

[Junkman]

Bob...... I rarely disagree with you, but "IF he has permitted it without comment" would imply that he has given his consent. When this is the case, it is impossible to call this "adverse", which is part of the requirement for adverse possession. I am very familiar with adverse possession claims, because my neighbors have been trying to get my property by adverse possession for years. Every 15 years, I have the Sheriff serve them with legal notice that stops the "statute of adverse possession". I am not willing to waste any more money fighting them, because they just ignore the court order not to trespass and the only winner is the attorney. If the neighbor was an individual, it would be easy, but in my case, it is a camp ground and the trespassers are the members or visitors. Unfortunately we don't have a police department and the State Police don't see this as an "emergency" and don't respond to my calls for many hours. By this time, the trespassers are gone and there is no way to identify them. This is the only way that I can deal with them reasonably.
As for your driveway pavement, I would just cut off the section of pavement that is on your property and end the conflict. If you allow it to stay, at some time, he can claim adverse possession since you have already objected and have done nothing to stop him from using it. State laws differ, so this might not be true where you live, but here in CT, you have to do certain actions to either stop it or loose it.

 

[DannyD]

I am welcome on the property, not a problem there. I put some fill dirt (lots of it) behind the line and out of site at his permission and request. We have a good repoire on this property. I just hate that when I put my weed killer, fertilizer, and take the time to cut the grass, he comes along with the ATV and tears what I have worked on. I remember his son told him this year that I had started a garden (tiller check area) on his property. He promptly told his son to stay off of it then. He is a good guy about a lot of things. If he would make his turns at the next property, all would be well. That peice can not be seen from my porch.

I am going to send him a letter with a price that I could have bought the ground for before he owned it. It is just under a quarter acre, can not be built on, has an electric easement and a water easement on it, but it would make my place look complete. If he does not want to do that, then I am going to put up a privacy fence, about 400' of it, and be done with it.

The property was originally sold on the court house steps, most likely illegally, since there was never any notice given at the site of the property about the pending sale. The buyer ticked off everyone on the road with her "sales price". I guess I should have bought then and hoped she choked on the profit before she could use it, but I did force her to clean it up some.

I will share the outcome with you all, in the mean time any more advice will be welcome.......fence height, construction materials, you know stuff like that... /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif

Oh and yes he will be pissed that he has to pay now to get his property cut

 

[CountryJoe]

</font><font color="blue" class="small">( <font color="blue"> .......but I would rather take it if he wont sell it to me. </font> )</font>

What gives you the right ???

 

[MikePA]

<font color="blue"> What gives you the right ??? </font>
As other posts have explained, Danny had confused eminent domain (govt only) and adverse possession (individuals). If Danny meets the requirements of adverse possession in his locality, that is what would give him the right.

 

[BillyP]

Just because there's a thing called adverse possession, doesn't mean it's right. I don't know who came up with such a goofy law. Sounds like one of those laws that's way outdated and needs to be abolished.

There's some land adjoining the south side of mine. The owner doesn't live here and hasn't seen this land in years. I think I'll move my fence and take this property in. Sounds kind of unlawfull to me. How about you /forums/images/graemlins/confused.gif

 

[heehaw]

in arkansas its 7 years...i think the law has its uses..it keeps relatives of people that owned the land a long time ago, from coming back and laying claim...or in cases i have seen..where the survey was way way off, and the adjacent land sells, the new, mucho more accurate survey, could cause a neighbor a lot of trouble..i have a piece of property that has had a fence on the south and west side for over 50 years, the land on the south side has been sold many many times, when my folks sold some land on the west side, they allowed the buyer to move the line 60 ft over on them, because of a new survey, instead of insisting the line stay where everyone has accepted it for several generations. i recently had the south line cleared with a track hoe...but took pictures, and made measurements, so the fence will go back right where it was, other wise a new survey could put my line in the middle of the neighbors house...i don't want his property, but i also don't want him taking mine.
heehaw

 

[MikePA]

<font color="blue"> doesn't mean it's right </font>
I didn't say it was right. slowrev asked what would allow Danny to do this and adverse possession would.

<font color="blue"> I think I'll move my fence and take this property in. Sounds kind of unlawfull to me </font>
I highly doubt that the adverse possession laws in your state allow this. If so, it not only sounds unlawful, it probably is.

 

[CountryJoe]

Lets me clarify my point of view...Right or not right....to me that is a screwed up way of thinking that there is a piece of land next to mind. I have been planting daisies on it for a few years and the owner off the land desides he wants to have an IE:4 wheeler track on the land next to my yard. I do not like 4 wheelers,he does like them,but he wont sell me the land so I think I will try to take his land from him because I have mowed the grass on it and planted daisies on it for 5 years and I do not like what he is doing to his land and I think I should have a say in what he does with his own land,which I have no vested intrest in it. /forums/images/graemlins/smirk.gif To me law or no law to take his land would not be the right thing to do.

Though shall not covet....

 

[MikePA]

<font color="blue">...so I think I will try to take his land from him because I have mowed the grass on it and planted daisies on it for 5 years...</font>
Who said this was the requirement for adverse possession? It's not as simple as mowing the grass and planting daisies.

Here's one set of requirements from this link that has some facts about adverse possesion.

THE FIVE BASIC REQUIREMENTS TO CLAIM TITLE TO ANOTHER'S LAND

1) Possession must be held either under a claim of right or color of title;

2) Possession must be actual, open, and notorious occupation of the property in such a manner as to constitute reasonable notice of that occupation to the record owner;

3) The occupation must be both exclusive and hostile to the title of the true owner;

4) Possession must be continuous and uninterrupted for at least five years; and

5) The occupier must pay all taxes assessed against the property during such five-year period.