Re: John T property lines

Posted by John T Country Lawyer on January 09, 2007 at 08:38:25 from (66.244.90.5):

In Reply to: John T property lines posted by RLH on January 09, 2007 at 03:13:43:

RLH, I used to own farms n farm there in Greene County in the seventies until I got ran out of town on a rail as my name wasnt Sparks, Carmichael, Hayes, Hasler or Helms lol. I owned the old Keith Warren farm out east of town on Warren Rd 175 E and then all that Richland Creek bottom north of 54 and west of the Wilson Bridge. My son recently married a good Greentucky girl (what I tease her about)

Okay, what them coffee shop dudes have to say bears a lot of truth and basis in law. I cant cover here what there are books written on and volumes of well settled common law but will toss out some basics. Out in the rural areas if there was an established fence line that was used n treated like the boundary for years i.e. each neighbor tilled/mowed right up to it and it was maintained n used as the boundary, that in effect over the years and provided all the statutory and/or common law requirements have been met HAS RIPENED INTO THE BOUNDARY by a legal doctrine known as "Adverse Possession". The keys are its use and the passage of time (20 yrs typical).

Basically if landowner A say farms or mows or treats as if it were his own and in a manner consistent with the ordinary use the land is suitable for on land that belongs to B and the use is Hostile Open Continuous Exclusive Adverse and Notorious for the statutory period of years and B sits on his - - - and does nuttin about it A could bring legal action and claim ownership of the land pursuant to the doctrine of Adverse Possession and if he prevails in Court that land judicially becomes his. Its kinds like whats known as "Squatters Rights" The law is not to award squatters but to punish landowners who sit on their rights for 20 years and do nothing, its kinda like "hey if you know n see somethign illegal or tresspass then come to court and complain and we will help you BUTTTTTTTTTTT if you sit on your rights all those years and dont take the initiative n do something DONT COME RUNNING TO US ITS TOO LATE and if B comes to us we may award him the land SO THERE lol.

If the use is with permission, however, then B cant claim it was adverse (A let him do it) in which place B's case is weakened. i.e. if the use is allowed its NOT adverse. The use has to be without permission where A is aware of it and does NOTHING to prevent it yet never actually grants permission. If your neighbor is mowing or tilling your land its best if you EITHER claim tresspass and stop it (sheriff or legal action etc) or else get good admissible evidence n proof (like certified US mail return receipt) it was with your permission (not adverse) BUTTTTTTTTTT THATS NOT THE ABSOLUTE BEST NOR FOOLPROOF, for some good lawyer to atatck, best to PUT AN END TO IT...........

NOWWWWWWWWW I have bought n sold a few farms over the years and once they were surveyed and the old fence lines used as the effective boundaries I NEVER ENDED UP WITH THE ACRES CALLED OUT IN MY DEEDS yet there was sure nuttin I could do about it (generally speaking and subject to a bunch of other law) and as youre aware legal descriptions call out x acres MORE OR LESS.

Im NOT a surveyor but basically when a rural survey is made to stake out a legal description on a deed the surveyor will show n plat drive stakes OF WHAT THE LEGAL DESCRIPTION sets out BUTTTTTTTT he will show n indicate fence Lines. His survey nor attorneys or landowners determine the legal boundary, thats a function of the Courts. the surveyor is qualified and competent to render an expert opinion however.

SOOOOOOOOOO those old fence lines provided how they were used n treated and the neighbors actions over the years can pretty much indeed becoem the legal boundary REGARDLESS what your deed shows or says or a surveyor does but still subject to a huge body of law. Dont even think you can have a survey made n tell your neighbor
hey 50 feet of that land over the fence over there on your side is now mine and get by with it as a strict matetr of lawwwwwwww BUTTTTTTTTT if you get by with it and tear that old line down and then use it adversely for 20 years heck it could eventually become yours !!!!!!!!!!

You have old tractors???? We know each other??? Im guessing youre one of those Greene County families I mentioned above lol e mail me if you like jmn50@msn.com

Ol John T and all, retired EE from Crane now the Country Lawyer here in Monroe County

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