As an Attorney here in Indiana I can tell you the Common Law Doctrine of "Adverse Posession" is indeed alive and well. HOWEVER it can be quite complex and hard for any lay person to understand it, Ive studied it as an attorney and its still difficult although it remains a viable cause of action. The basic requirements here are that if another person encroaches upon and uses the land of anothers for a certain statutory period he can indeed bring action and be awarded ownership of the same, the use must basically be HOSTILE,,,,,,,,OPEN,,,,,,,CONTINUOUS,,,,,,,EXCLUSIVE,,,,,,,,,,,ADVERSE,,,,,,,,NOTORIOUS among other things
The law is NOT SO MUCH TO AWARD A TRESPASSER, BUT TO PUNISH A LAND OWNER WHO SITS BY AND DOESNT BRING ACTION OVER A LONG PERIOD OF TIME. The law looks at it like,, hey if you have a problem come to us for a solution DO NOT SIT THERE FOR 10 YEARS ON YOUR DUFF because then we take the side of the trespasser.
I AM NOT ARGUING IN FAVOR OF OR AGAINST THE DOCTRINE so dont gripe at me lol Im just trying to explain it BUT CANT EXPLAIN IN A PARAGRAPH WHAT TAKES BOOKS N BOOKS TO COVER.
If you have a true problem in the area consult a local real estate attorney NOT any lay person here on a tractor forum because theres too much at risk to trust some bar buddy or your brother in law lol
God Bless yall n remain diligent regarding trespassers ya hear !!!!!!!!!!!
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Today's Featured Article - New Hitches For Your Old Tractor - by Chris Pratt. For this article, we are going to make the irrational and unlikely assumption that you purchased an older tractor that is in tip top shape and needs no immediate repairs other than an oil change and a good bath. To the newcomer planning to restore the machine, this means you have everything you need for the moment (something to sit in the shop and just look at for awhile while you read the books). To the newcomer that wants to get out and use the machine for field work, you may have already hit a major roadblock. That is the dreaded "proprietary hitch". With the exception of the
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