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Tractor Talk Discussion Board

Re: property lines


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Posted by John T on March 22, 2014 at 19:14:04 from (71.0.66.158):

In Reply to: property lines posted by farmerwithmutt on March 22, 2014 at 16:17:28:

Just to add even more to the mix lol. Farmer Billy Bob may think just because a fence was in a certain location 20 years that ripened into the boundary because of the common law doctrine of Adverse Posession. HOWEVER that's only a PART of the story, in many jurisdictions Adverse Posession also requires the land use be:

HOSTILE
OPEN
CONTINUOUS
EXCLUSIVE
ADVERSE
NOTORIOUS

And theres a huge well settled body of law that goes into each and every one of those elements, plus some jurisdictions may even require the payment of taxes, plus the cases can be fact sensitive, sooooooooooooo

MORAL OF THE STORY

That's why to get a worthwhile legal opinion the landowner needs to seek a local trained professional real estate attorney who can obtain the facts and then research the specific local laws, as usual there much more to an issue like this then first meets the eye.

John T


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