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Boundaries from a lawyers perspective
Posted by Unknown Member on December 6, 2020 at 2:59 pmNewbies 101.000
https://whlawoffices.com/blog/over-the-line-misplaced-fences-roads-and-other-boundary-disputes/
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Brian Allen replied 3 years, 4 months ago 7 Members · 7 Replies- 7 Replies
Most of the article sounds ok. But I don’t like this
What are boundaries or property lines? Essentially, these are the lines on a county??s tax map that define and set apart different parcels of land.
.I noticed that also but figured if used for rough location it would suffice. ????
The article is not written to the professional crowd. If you keep that in mind it’s not a bad read.
If that were presented at a conference I would have a few problems with it. AP occurs when the fact pattern is met. The court blessing it puts finality to the question, but they don’t award anything, they simply recognize it.
Without the court, I’d suspect that not many would believe it, though. And I’d expect that you’d have a hard time trying to sell your property, and convincing the buyer’s bank that your title is through AP alone
For sure. Good luck trying to get title insurance on that…
The article itself is definitely from an attorney’s perspective – an attorney looking to create as much animosity as possible to increase billable hours. The whole thing is premised on the hyperbolic “Someone could be STEALING your land!!!” rather than “Here’s how to approach and resolve a possible title issue”. Not surprising, but annoying.
Funny how the article didn’t mention that courts tend to not like AP claims.
“…people will come to love their oppression, to adore the technologies that undo their capacities to think.” -Neil PostmanAP is varies widely from state to state. The statutory time is only one factor, it can be 5 years, 10 years, 20 years, paying taxes is irrelevant in one state and critical to a claim in a neighbor state.
So it’s difficult to craft AP into an article for a wide US audience.
I don’t think he is saying you would have marketable title at the time the requirements for AP were met. We need to remember that AP is mostly a title issue, and is therefore subject to the statute of frauds. So unless a written transfer occurs (via deed or court order, etc.), you can’t obtain marketable title. However, as thebionicman pointed out, AP occurred at the time the requirements were satisfied, the court (or a written transfer) merely perfects it and makes it marketable and insurable.
Concerning the article, there are many incorrect statements, but I agree with one point, competent counsel should be sought. However, based on the article alone, I would certainly seek another attorney, other than the author.
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