Posted by John T Country Lawyer on May 04, 2012 at 04:24:06 from (216.249.82.117):
In Reply to: adverse possesion. posted by JPBROWN on May 03, 2012 at 16:54:38:
First of all, in addition to the deeds legal description and/or surveys, whats very relevant is how the adjoining landowners have acted and treated as the "boundary" and have made use of the land in question over the past years and to what extent use of land not legally ones own has been (at common law) Hostile, Open, Continuous, Exclusive, Adverse and Notorious to the true owners. Regardless if Grandpa was deeded 40 or 51 acres, what he or his successors may now be legally entitled to in an action for adverse posession, is a question ONLY a Court could decide NO ONE HERE and the Court likely wouldnt check here first.
The legal doctrine of adverse posession can over time cause a "boundary" to change (judicially) regardles of and even in contradiction of where a deed or survey says it may be located. A "survey" is a competent expert professional "opinion" while it takes a court to make any final determination of a legal boundary in actions to quiet title.
Take all your "tax' arguments and evidence to the local assessor and treasurer to make your case, but in my years of experience they can be difficult to deal with, its their house and their territory and "ball game" and they resent the common peasants challenging their authority.
I think if I were the dude who bought the adjoining land and someone came to me asking for a deed or survey etc I wouldnt just jump up and surrender or be willing to give up anything. Also I wouldnt bet the farm the title insurance company is going to pay out anything. While many "realtors" believe that or the buyers/sellers are given that impression when they purchase a policy, as an attorney I can tell you theres all sorts of exceptions and exclusions most persons arent aware of UNTIL they try to collect!!!! The realtors call the buyers and say yayyyyyyyyyyyyy the tile work and insurance is done so we can close, not having read nor having any idea whatsoever just what it is and most important WHATS EXCLUDED. Title Insurance Companies collect premiums but seldom do they pay out damages, if anything is too risky its likely excluded from coverage.....
Heres my best free (and worth the same NOTHING) advice CONSULT A LOCAL TRAINED COMPETENT PROFESSIONAL instead of advice here, as your states laws would have to be thoroughlly researched and all the relevant facts be determined before any worthwhile professional opinion could be rendered. Id say the same if you were here seeking medical or plumbing or electrical advice CONSULT A LOCAL PROFESSIONAL
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
Today's Featured Article - Tuning-Up Your Tractor: Secondary Ignition Wires and Distributor - by Curtis Von Fange. In our last episode we spent the entire day checking out the spark plugs. Is that efficency? Actually, it took more time to explain than it really did to do the inspection. At any rate we decided that a compression test was in order so we could verify the internal engine status. That way we wouldn't buy any tune up parts until we were sure that the engine was in reasonable mechanical condition. Our tests showed a fictional compression reading of 85, 80, 82 and 86 psi. That is well within a
... [Read Article]
Latest Ad:
1958 FORD RARE 4x4 801 TRACTOR, ELENCO/FRONT DRIVE, FRONTLOADER AND WEIGHTED REAR WHEELS, FIVE SPEED, LIVE PTO, GAS ENGINE, NEW REAR WHEELS AND TIRES, ENGINE RUNS.
[More Ads]
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy
TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.
