sfloggie
Gold Member
Vroom,
I ran into this situation in 2005 in Arcadia, Ok. I purchased 80 acres with title search. The land had one owner since the land rush of 1889, but the owner was never on the land. I purchased it from a trust.
I had a survey done in order to build a fence. There were five ajoining neighbors. So I informed all of the fence and asked what animals they had so I would put up the right fence between them as I had no animals. Also sought to see if they wanted to share cost as the fence would be on the property line. If they said no then I was going to set it six inches inside.
Well up went the fence and then I received a call from a lawyer and then a lawsuit. One neighbor said I put the fence on her land by going 30 feet into her property that she said was Adverse Possession, or it can be called "how to legally steal land".
Turns out she had been moving her old fence North through the years until she was 30 feet into "my land". She never paid taxes on that 30 feet x 2400' but she met the five conditions of Adverse Possession.
So, Vroom, the brother and wife with the smae name got that land by Adverse possession. In fact by this law to steal the widow owned all of the land after that other brother moved to CA.
There is also a parked of Adverse Possession that says a person buying Adverse Possessed land is Tagged meaning they have the right to assume the rights of Adverse Possession unless they give it up on purpose or by error. Once given up it is gone.
Another property I had with a neighbor was Reparian Law and that is another story. We decided to sell the land as these type of neighbors are not my kind. We sold it to a great guy who is now my best friend. So I gave up the land, learned and got a great friend.
Ohhh. the lawsuit went to mediation for a year. I had to fly several times back and forth to OK from VA, hire an OK lawyer. Finally settled for some cash, ordered to tear down the new fence and put back the old. Funny..after we put back the old the neighbor was mad because she wanted the new instead of the old. This time I had a good country lawyer and we were finished with her.
Best to you and take care as the title insurance we had was useless for this.
Jim
I ran into this situation in 2005 in Arcadia, Ok. I purchased 80 acres with title search. The land had one owner since the land rush of 1889, but the owner was never on the land. I purchased it from a trust.
I had a survey done in order to build a fence. There were five ajoining neighbors. So I informed all of the fence and asked what animals they had so I would put up the right fence between them as I had no animals. Also sought to see if they wanted to share cost as the fence would be on the property line. If they said no then I was going to set it six inches inside.
Well up went the fence and then I received a call from a lawyer and then a lawsuit. One neighbor said I put the fence on her land by going 30 feet into her property that she said was Adverse Possession, or it can be called "how to legally steal land".
Turns out she had been moving her old fence North through the years until she was 30 feet into "my land". She never paid taxes on that 30 feet x 2400' but she met the five conditions of Adverse Possession.
So, Vroom, the brother and wife with the smae name got that land by Adverse possession. In fact by this law to steal the widow owned all of the land after that other brother moved to CA.
There is also a parked of Adverse Possession that says a person buying Adverse Possessed land is Tagged meaning they have the right to assume the rights of Adverse Possession unless they give it up on purpose or by error. Once given up it is gone.
Another property I had with a neighbor was Reparian Law and that is another story. We decided to sell the land as these type of neighbors are not my kind. We sold it to a great guy who is now my best friend. So I gave up the land, learned and got a great friend.
Ohhh. the lawsuit went to mediation for a year. I had to fly several times back and forth to OK from VA, hire an OK lawyer. Finally settled for some cash, ordered to tear down the new fence and put back the old. Funny..after we put back the old the neighbor was mad because she wanted the new instead of the old. This time I had a good country lawyer and we were finished with her.
Best to you and take care as the title insurance we had was useless for this.
Jim
