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Re: Judge: Neighbor can take property


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Posted by John T Country Lawyer on July 05, 2009 at 09:20:56 from (66.244.97.31):

In Reply to: Judge: Neighbor can take property posted by George G on July 05, 2009 at 06:39:28:

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 !!!!!!!!!!!

John T Country Lawyer in Indiana


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