Property lines

[zeuspaul]

I mow two or three hundred feet into my neighbor's property and it doesn't give me any rights to his property. I certainly wouldn't do it if he wanted something in writing for the favor.

Does he know where the property line is? Is he mowing just to keep something on your property from invading his lawn?? If so I wouldn't worry about it.

If he is *using* the land as access you have to be concerned. For example driving across your property to his garage or barn. Conceivably he could get an easement.

Zeuspaul

 

[BruceR]

I just looked up FLorida. It is not 15-20 years down there. It is seven years with or without color of title. The rules are different for every state. Extrapolating from one state to another can lead to bad decisions. That is why I suggested the OP Google adverse possession FLorida.

7 years without color of title if the neighbor filed a written legal description with the property appraiser, paid taxes, fenced and improved the property. True, my years are off, but the message is the same.

Adverse possession does not happen overnight and there are strict guidelines which must be followed. A certain amount of extrapolation is in order because with only a few exceptions ( Louisiana, early Spanish Land Grants in Texas, etc.) Land Law in the US is based on English Common Law. Competent surveyors throughout the US study the same authors; Black, Clark, Skelton etc. Do not confuse Adverse Possession with simple encroachment. The laws for Adverse Possession were not designed to allow your neighbor to steal your land. The laws for Adverse Possession are there to quiet title on tracts of land used and enjoyed by someone other than the record owner. During certain periods of time ( Civil War Reconstruction Era, Dust Bowl Era, etc.) folks would just pick up and leave, abandoning their property; Others would move onto the tract since it was vacant and after a certain amount of time they could claim it as their own since the owner of record could usually not be located.

Adverse Possession is a long drawn out expensive legal process. It simply is not an issue in most cases if someone decides to put their fence anywhere other than on their property line. The fence on my East line is off the line by 45' on one end and 20' on the other end. The Line is monumented at both ends. There is no confusion as to the true location of the line. Trust me, if Adverse Possession was an issue, I would move it.

Bruce

95.18 Real property actions; adverse possession without color of title.-- (1) When the occupant or those under whom the occupant claims have been in actual continued occupation of real property for 7 years under a claim of title exclusive of any other right, but not founded on a written instrument, judgment, or decree, the property actually occupied shall be held adversely if the person claiming adverse possession made a return of the property by proper legal description to the property appraiser of the county where it is located within 1 year after entering into possession and has subsequently paid all taxes and matured installments of special improvement liens levied against the property by the state, county, and municipality. (2) For the purpose of this section, property shall be deemed to be possessed in the following cases only: (a) When it has been protected by substantial enclosure. (b) When it has been usually cultivated or improved.

 

[survriggs]

BruceR
Hello from a Missouri PLS. Well written explanation. Some have said that the premise of adverse possession is that if you don't value your property enough to locate and mark the true boundary lines, possess and maintain to those boundary lines then you don't deserve to own it.

Ralph
PLS2175

 

[WTA]

You all make me nervous. I am in the process of getting a big piece of property surveyed right now that we are inheriting. I know we have one neighbor at least that has been cutting trees on the property. It's evident from a satellite picture we have showing a very clear road from the back of his house right into the middle of our place. Next month a fence is going up there. I know exactly where the property line is and I'm not waiting on the survey for that. I've been gone in the military for the last 20 years or else I'd have put a stop to that much sooner. I don't even know any of the people living around the place now. All the families I knew as a kid are long dead and gone.
We always had intended to move there when I retired. Now that my grandparents are gone the time to move is real close. It's a family homestead and means a lot to me since it's been in the family for over 100 years.

The surveyor is going to have a good time doing his job. The farm hasn't been used in almost 40 years now and is a jungle pretty much. The driveway is barely passable even. It used to take a tractor trailer and now my pickup barely squeaks through the trees.

 

[BruceR]

BruceR
Hello from a Missouri PLS. Well written explanation. Some have said that the premise of adverse possession is that if you don't value your property enough to locate and mark the true boundary lines, possess and maintain to those boundary lines then you don't deserve to own it.

Ralph
PLS2175

Thanks Ralph,
You are right about that. That goes back to the English Common Law, when you were expected to be a good steward of the land, if you were lucky enough to own any. If you didn't care for it then it was expected that someone else would. Personally, I think we would all be better off if the tradition of "The beating of the bounds" was still observed.

Bruce
RPLS 5781

 

[BruceR]

WTA,
Is that Lubbock,Texas ? If so, your neighbor can be liable for triple damages. Got a Lat & Long ?

Bruce

 

[Egon]

Things being different up here in the frozen north makes me think anyone within the sphere of adverse possessing laws best be seeking proper legal advice rather than the rumour mill type!

 

[Rara Avis]

Things being different up here in the frozen north makes me think anyone within the sphere of adverse possessing laws best be seeking proper legal advice rather than the rumour mill type!

Would that be a Barrister or a Solicitor??...

 

[BruceR]

Things being different up here in the frozen north makes me think anyone within the sphere of adverse possessing laws best be seeking proper legal advice rather than the rumour mill type!

Yes, legal advice is in order. Only you need to be sure and get advice from from someone who is Board Certified in Land Law, and not your local ambulance chaser and certainly don't expect anyone in the Real Estate business to know. Most folks just seem to operate on half truths and old wives tales.

Bruce