Adverse possession

Ludi · Posted: Sun Apr 06, 2008 11:35 am Post subject: Adverse possession

An interesting and challenging way to acquire property:

"What is adverse possession?

Traditional common law provided a method for someone to obtain title to land through use. The common law rules for adverse possession have been codified under both federal and state statutes. A typical statute allows a person to get title to land from the actual owner simply by using the land, out in the open for all to see. For example, your neighbor built a fence on your land with the intention of taking the property, paid property taxes, and you knew about it but did nothing. If this continued for a period of time set by state law, your neighbor may be able to claim this property as his/her own. The theory is that, by not disputing your neighbor’s use of your property through a lawsuit, you, as the actual owner have abandoned your rights to the property."

http://real-estate-law.freeadvice.com/real-estate-law/adverse_possession.htm
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Cashmere · Light Sweet Crude Joined: Mar 27, 2008 Posts: 1477

Does a dog relish oil?

TreeFarmer · Heavy Crude Joined: Jun 26, 2007 Posts: 300

Everybody that comes from a land-owning family knows about this. That is why you go cut the fence if your neighbor does not move it in a reasonable amount of time after you ask him to.

TF

Ludi · Posted: Sun Apr 06, 2008 1:03 pm Post subject: Re: Adverse possession

I kind of figured anyone interested in this would research their own jurisdiction, cretin. Smile

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Cashmere · Light Sweet Crude Joined: Mar 27, 2008 Posts: 1477

When you're posting legal advice on how to steal a person's land, your post should be complete, so that all potential thieves can properly use the law to the best larcenous effect.

wisconsin_cur · Posted: Sun Apr 06, 2008 1:52 pm Post subject: Re: Adverse possession

If there is a collapse that takes my neighbor away from producing his land, I will start to use. Perhaps i will talk to him about it, maybe not, depends upon the circumstances.

If I use that land and make it productive, am I stealing it? If 15 or 20 years later he or his heirs want to make use of it and take it back, who is stealing from whom?
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tsakach · Heavy Crude Joined: Mar 09, 2005 Posts: 326

As long as property taxes are paid, the county government doesn't seem to give a damn.

Don35 · Heavy Crude Joined: Feb 07, 2006 Posts: 114

Post PO it might not matter. In Kunstler's "World made by Hand" much property is abandoned and law is barely functional. But still I couldn't take someone's land like that.
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Ludi · Posted: Sun Apr 06, 2008 3:07 pm Post subject: Re: Adverse possession

RonMN · Posted: Sun Apr 06, 2008 3:09 pm Post subject: Re: Adverse possession

What if the property has been abandoned or foleclosed on?

If a bank or gov't owns it...that might be a good time to throw up a fence & plant a garden on said property.

It may be vacant for years & wool-ah...you've just doubled the size of your property Smile

You may want to get some help building the fence & pay that person a small fee by check...then there will be a witness & record of the date in which you "claimed" that portion of property.

I wonder if you squatted in a house for so long...if the actual house would become yours as well.
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Ludi · Posted: Sun Apr 06, 2008 3:16 pm Post subject: Re: Adverse possession

Cashmere · Light Sweet Crude Joined: Mar 27, 2008 Posts: 1477

Like I said, it's real simple, and only people with shady morals - the kind that decent people are well advised to avoid - see gray in this.

Back in the day before computers and town halls and every square inch of land mapped out in the United States and owned by somebody, there was a time when it was not always possible to determine title to the land.

There is not an acre of land in the United States currently unclaimed. If there is, let me know and I'll be happy to go put my stake down.

Therefore, the only argument you'll hear as to why AP should still be legal is this . . .

Ludi · Posted: Sun Apr 06, 2008 3:52 pm Post subject: Re: Adverse possession

Cashmere · Light Sweet Crude Joined: Mar 27, 2008 Posts: 1477

You are what you are Ludi.

Good luck with the adverse possession.

Nice challenge for you.

Don't get shot in the process - although most people would probably agree with me on this one, most people aren't as non-violent as me.

Ludi · Posted: Sun Apr 06, 2008 4:00 pm Post subject: Re: Adverse possession

Oh I'm not planning to try it myself. I already have more land than I can handle.

I better make sure nobody is adversely possessing it, huh? Smile

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