A question for the lawyers

woodchucker said:
That's spin-zone bs right there man. I live in one of the reddest states in this country and it's just as hard for property owners to get rid of renters overstaying their welcome as anywhere. Maybe *different* from squatters, but not really.

So own up to that fact. If you don't like liberals, then find valid reasons not to like them. This is not one of those reasons.

It's a real pet-peeve of mine to see otherwise educated adults make such blatant accusations against a broad swath of society, where the problems are really much deeper than that. It's simplistic, and immature.
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Your pet peeve is missing an important point. "Reason" has never been a requirement for bias and prejudice. By anyone. Against anyone. We've all been doing it since we discovered there was another person behind the next boulder.
 
denverpilot said:
Interesting that this thread just came up. My neighbor who's moving out of State would love it if Adverse Posession could clean up a problem he found when putting his house up for sale.

He started with a survey, and that's when the problem was found.

House sits on 4 acres in a subdivision. Many (unknown) years ago before he purchased the house, the neighboring house owner accidentally "squared off" a portion of the property.

Imagine if you will, lots that are four acres in basically pie slice shapes, but not to a point. Chop off the point in the back for a path that runs behind them all.

His former neighbor squared the line to the road and built his fence along it. His fence at the rear/tip of the pie is at the property line marker. At the street side, he came straight forward instead of the angle needed to make the pie shape.

Cut off about 1/4 acre.

The former neighbor even moved his fence back from what he thought was the easement and horse trail required between the properties. Therefore moving the horse trail over.

Total encroachment at the front? 53'. The fence, horse trail, signage for the horse trail, etc... All wrong as long as the guy selling has lived there, which is 12 years.
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My property is described as 2 acres more or less for similar reasons. The property owners along my street have established fence rows perpendicular to the street although the survey says they are skewed to the street. All this has existed for at least the twenty five years I've been here.
 
mtuomi said:
Yes, but if the squatters consider that their abode, they can shoot the owner who comes in to evict them...
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Then they just shot and murdered the title owner of the land and the abode. :nono:





"In Texas if you kill someone we kill you back. That's our policy." -- Ron White
 
denverpilot said:
Interesting that this thread just came up. My neighbor who's moving out of State would love it if Adverse Posession could clean up a problem he found when putting his house up for sale...
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[Snip]

Your neighbor needs to contact their title insurer from when they purchased the property. If he bought the property with a mortgage, the lender probably insisted on a policy to insure them; it would have been optional but not much more money to insure the owner as well. Title problems are rare, payouts as a percentage of premiums is one of the lowest of any insurance policy outside of travel insurance and extended auto warranties, which are so fat they are borderline scams to the insured. If I had the slightest hint of a problem that might cloud my title I'd be on the phone with them daily until they resolved it.
 
O.C.E.A.N.

Open

Continuous

Exclusive

Actual

Notorious
 
Our neighbor across the street found an interesting survey error when he put up his fence. He's a surveyor and it took him most of a day to figure it out.

The developer built the houses starting at each end of the block, working in. Something always looked odd with the lot in the middle of the block, adjoining my neighbor. All the measurements added up, but something still didn't look right.

Turns out, the street itself is wrong, by about 6'. The block is 6' too narrow. If you measure east to west, that east side line of that lot is in the right place, and if you measure west to east that west side line is in the right place. But that lot ended up being 6' narrower than it shood have.

When he surveyed for his fence, he and his neighbor had to have a lot of meetings and lawyers involved since the neighbor thought the fence was encroaching on his lot. I don't know how they worked it out, the fence is still up.
 
timwinters said:
O.C.E.A.N.

Open

Continuous

Exclusive

Actual

Notorious
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I'm not about to go dig out my first year property outline for a POA discussion. Its funny what sticks in your head, though. From bar review, family law, right after discussing alienation of affection (aka, adultery, stealing someone's spouse): "Should you see anything on the exam about the archaic tort of 'Criminal Conversation,' all you need to know about it is this: It is neither criminal... nor does it involve conversation."
 
mtuomi said:
Yes, but if the squatters consider that their abode, they can shoot the owner who comes in to evict them...
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Again, That has nothing to do with ownership of the land/car/business or wherever that law applies (Varies by states).
 
DJTorrente said:
[Snip]



Your neighbor needs to contact their title insurer from when they purchased the property. If he bought the property with a mortgage, the lender probably insisted on a policy to insure them; it would have been optional but not much more money to insure the owner as well. Title problems are rare, payouts as a percentage of premiums is one of the lowest of any insurance policy outside of travel insurance and extended auto warranties, which are so fat they are borderline scams to the insured. If I had the slightest hint of a problem that might cloud my title I'd be on the phone with them daily until they resolved it.
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Probably have to prove damages here. I'd have to ask my real estate guy, but generally, no proven damages, not going to pay.

Or more likely they'd settle for a rather insignificant pre-determined amount for 1/4 acre of weeds.

He's not worried about it. Like I said, he wanted to give it away. Government won't let him.

"Saving him from himself" not caring the fence was over the line for 12 years, I'm sure. Think of the children!

LOL.

Anyway, he's already talked to his pros. They've given their opinion. And the house sold in 3.5 days on the market at full price. Which may be a day slow around here right now. Ha.
 
DJTorrente said:
I'm not about to go dig out my first year property outline for a POA discussion. Its funny what sticks in your head, though. From bar review, family law, right after discussing alienation of affection (aka, adultery, stealing someone's spouse): "Should you see anything on the exam about the archaic tort of 'Criminal Conversation,' all you need to know about it is this: It is neither criminal... nor does it involve conversation."
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I was in court defending a criminal case when in the middle of an argument to the judge, I pulled (and managed to use correctly) the word "curtilage." Even the judge said, "wow!"

OTOH, being an anti-mnemonic, I forgot OCEAN as soon as I heard it.
 
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