Maine man saws neighbor's garage in half...

[om21braz]

Boundary lines have started many a dispute. A friend of mine told a new neighbor of his where the line was, showed him the iron stakes. Neighbor evidently did not like where they were. He proceeded to put up over 400 ft. of chain link fence on the wrong side of the line. Actually out into a plowed field of my friend's. A few months later, a new survey and a trip to the courthouse had the fellow removing the chain link fence on his own "dime".

 

[goeduck]

^^^ Amazing that people think they can put up a fence and claim property as theirs. I know with adverse possession it happens but is it really worth the battle?

 

[TimberHole]

^^^ Amazing that people think they can put up a fence and claim property as theirs. I know with adverse possession it happens but is it really worth the battle?

It usually starts with an old post in the timber. Nobody knows who put in the post or exactly what it was for but “that is the corner”!!!!

 

[Jstpssng]

Adverse possession isn't as easy as some make it sound; it has to be done for a specified period of time, after the owner has notified you to stop. Just because you've been using a path across your neighbor's land for the last 20 years doesn't mean that he can't tell you after 20 years and a day that you can't use his path anymore.

If you read the article you will see that the garage wasn't the start of the dispute, and merely a byproduct of the survey which ensued after the line dispute.

 

[TimberHole]

Adverse possession isn't as easy as some make it sound; it has to be done for a specified period of time, after the owner has notified you to stop. Just because you've been using a path across your neighbor's land for the last 20 years doesn't mean that he can't tell you after 20 years and a day that you can't use his path anymore.

If you read the article you will see that the garage wasn't the start of the dispute, and merely a byproduct of the survey which ensued after the line dispute.

I realize it varies from state to state but it is my understanding that if that neighbor has used the path for 20 years and he wants to take you to court the judge will likely grant a permanent easement based upon past use. Am I wrong?

 

[Jstpssng]

I realize it varies from state to state but it is my understanding that if that neighbor has used the path for 20 years and he wants to take you to court the judge will likely grant a permanent easement based upon past use. Am I wrong?

From this website; Squatter's Rights Mississippi [22]: Adverse Possession Laws

In the US, there are five distinct legal requirements that the squatter must meet before they can make an adverse possession claim. The occupation must be:
Hostile
Actual
Open & Notorious
Exclusive
Continuous

Not quite the same as what you are asking, but the closest I can find.

Please note also that I"m not a lawyer, and can barely even spell "Mississippi".

This one Attention Required! | Cloudflare is probably more applicable to your question.

 

[dodge man]

I realize it varies from state to state but it is my understanding that if that neighbor has used the path for 20 years and he wants to take you to court the judge will likely grant a permanent easement based upon past use. Am I wrong?

Maybe? Depends on the judge.

 

[Frankenkubota]

Careful with surveys.

In the 80s I tried to sell my house, by owner, in a small community. It was uphill all the way. Not supposed to do that!

First my well failed, after years of testing. Then.......

They surveyed my property and told me my 30 year old concrete drive way was encroaching on my neighbors property and would have to be removed and obviously repoured .

Not my first rodeo.

When I bought the house the previous owner, for once, had a complete collection of various documents and receipts supporting maintenance etc. nice to see that. In it were 2 older surveys from the local survey co. that just failed me. Identical. Same company, even the same person did the surveys, small town.

On the older surveys the concrete drive was well within my property. Hmmmmmm

The fun part is going to the offender, act stupid and helpless and see what happens.

First off, the gal in the office was rude and basically told me, too bad, so sad, jam it! Pleasant gal.

I demanded to see the owner, was refused and immediately called a lawyer, from the surveyors office complaining. ( I actually got an answering machine, remember those)

She immediately introduced me to the dirtbag owner who sat back, smiled and said tuff!

That痴 when I pulled out the previous 2 surveys his co had done, with no problems and made all kinds of phony threats.

I left 10 minutes later with a clean survey.

Again, it痴 all just a bunch of BS!

 

[ruffdog]

Did you see the house that the guy with the saw has? Maybe he should be focusing his efforts on fixing up his own place instead of tearing down some else's. It is obvious that the garage was there for a while and also the retaining wall didn't just show up either. It just seems a bad situation was made much worse by mr. saw guy. I bet he is just lovely to live next to too. :confused2:

 

[coldsteelva]

Read the entire article - the problem was NOT with the original owner/neighbor. He passed away and the new owner was NOT the occupant, it became a revolving door of tenants/transients. Renters are not always the best people. The "Saw guy" attempted to purchase the entire property but was refused. He then had to take this course of action.