Property Line Question
New User
Joined: Mar 2006
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From: Mounds Oklahoma
Originally Posted by rangerfan
That is correct. No longer valid. It's pretty much an urban myth.
Senior User
Joined: Dec 2005
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Originally Posted by stu37d
I would be willing to bet that this particular law is not valid any more. Check with the state and/ or county to be sure, but I think the old squatter's rights regarding property lines don't apply, since there are records of the survey- somewhere.
Government Teat-sucker
Joined: Oct 2003
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From: Virginia Beach
Well, I'm certainly no lawyer, but I still think it's a safe bet that the law is not valid in most places. I definitely aree with finding out about the law in either case, so it appears that a lawyer somewhere is going to make a few bucks here.
Postmaster
Joined: Aug 2004
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From: North of Boston MA
Originally Posted by stu37d
Well, I'm certainly no lawyer, but I still think it's a safe bet that the law is not valid in most places. I definitely aree with finding out about the law in either case, so it appears that a lawyer somewhere is going to make a few bucks here.
Elder User
Joined: Jul 2006
Posts: 958
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From: Las Vegas, NV
Originally Posted by stryder
Okay, my lovely neighbor just planted a row of shrubs/trees near the property line. The line was surveyed last summer, and the idiot still planted them on my side. In his defense, he's retired and probably couldn't see straight enough to eyeball a staight line.
Granted its only by less than a foot, but does this "living fence" fall under the same standard as say a barbed wire or picket fence. What I mean is, if he would put up an actual fence on my side, that land becomes his after 10 years if I dont dispute it. If this living fence doesn't fall under that category, I may just leave them, as they do look nice. However if it does, I will get him to replant them.
I'm still young enough at being a home owner, I dont understand all the old property rules.
Granted its only by less than a foot, but does this "living fence" fall under the same standard as say a barbed wire or picket fence. What I mean is, if he would put up an actual fence on my side, that land becomes his after 10 years if I dont dispute it. If this living fence doesn't fall under that category, I may just leave them, as they do look nice. However if it does, I will get him to replant them.
I'm still young enough at being a home owner, I dont understand all the old property rules.
Hell, I would mow his bushes down and insatll a 6" tall border. Then knock on his door, and have a conversation about property lines!
Hotshot
Joined: Apr 2004
Posts: 13,589
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From: NW burbs of chicago
Originally Posted by stu37d
Please show me. Any states.
the law in IL (they also mentionmed in my wife's real estate class)
http://www.kentlaw.edu/perritt/courses/property/il-adverse-possession-statute.htm
Last edited by jake00; Jul 12, 2007 at 08:45 PM.
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Hotshot
Joined: Apr 2004
Posts: 13,589
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From: NW burbs of chicago
Originally Posted by stu37d
show all states.
and here are the rest of the states
http://www.lawchek.net/resources/forms/que/advposs.htm
Last edited by jake00; Jul 12, 2007 at 08:46 PM.
Hotshot
Joined: Apr 2004
Posts: 13,589
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From: NW burbs of chicago
Originally Posted by smokestone52
Here is a fact, called eminent domain. The longer he holds your property, the less rights you have to it.
http://en.wikipedia.org/wiki/Eminent_domain
Postmaster
Joined: Aug 2004
Posts: 4,004
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From: North of Boston MA
Originally Posted by stu37d
Please show me. Any or all states.
http://www.lectlaw.com/files/lat06.htm
Believe it or don't believe it exists but the fact remains that the law is still valid - what is required to win a claim of adverse possession differs from state to state but it's there. Virginia is specifically mentioned in the above referenced link.
One of my jobs since I have been an Engineer was as a project manager for a land surveyor - we did a good amount of work for people claiming and defending against adverse possession. It can be a nasty thing but if you abandon something for 20 years or however long, and someone else maintains and controls it for that long then the law has established that the person maintaining and controlling the land has more right to it than you do.
Hotshot
Joined: Apr 2004
Posts: 13,589
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From: NW burbs of chicago
a year or so ago I was actually thinking about claiming some land. There's a vacant lot where my parents live that my freinds and I would play on and build tree forts and whatnot all throughout our childhood. It'd be cool to claim it
Government Teat-sucker
Joined: Oct 2003
Posts: 9,748
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From: Virginia Beach
Well, too many of's, therefore's and herewith's for me to understand all the legal speak, but on the surface it looks like you may be right. I won't argue law anymore, because I am not patient enough to decipher it!!
I'll get a headache. lol
I'll get a headache. lol
Fleet Mechanic
Joined: Feb 2004
Posts: 1,448
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From: CA Central Coast
Adverse possession still exists in California. This thread prompted me to check up on it. There are three basic things that have to happen for it to work:
http://www.sftu.org/adverse.html
1. Five years of continuous use that is "open and notorious", and adverse to the owners interest.
2. Property must be maintained and kept up by possessor.
3. All taxes for said property must be paid by adverse possessor. (CA is the only state that has this requirement.)
#3 makes it hard for a neighbor to claim property just by using it or moving a fence. However, the courts do seem to draw a distinction between use and possession...meaning if a path, drive, or etc is used for a number of years, an expectation of further use can be claimed.
You definitely need to check on your local regs and rulings. Sounds like this is one area where the subjectivity of the judge may play a part, should it come to a court case.
http://www.sftu.org/adverse.html
1. Five years of continuous use that is "open and notorious", and adverse to the owners interest.
2. Property must be maintained and kept up by possessor.
3. All taxes for said property must be paid by adverse possessor. (CA is the only state that has this requirement.)
#3 makes it hard for a neighbor to claim property just by using it or moving a fence. However, the courts do seem to draw a distinction between use and possession...meaning if a path, drive, or etc is used for a number of years, an expectation of further use can be claimed.
You definitely need to check on your local regs and rulings. Sounds like this is one area where the subjectivity of the judge may play a part, should it come to a court case.