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Adverse possesion or not?

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jph
 jph
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1992 plan of seasonal lake properties.?ÿ Original lotting plan was 1930.?ÿ

The Smith camp was built in 1949 by Brown, and sold to his daughter in 1980.?ÿ The Jones camp was built in the 1950's by Johnson, a few owners ago.

Jones bought in 1978 and installed the "small ornamental fenceƒ?.?ÿ Jones had it surveyed in 1992 and then had his lawyer send Smith a letter to move her house and to stop using their beachfront.?ÿ Smithƒ??s lawyer replied that the land the house is on and the beach belongs to Smith because of their continued use for the past 43 years.?ÿ

Itƒ??s remained this way till recently, and Jones wants to sell, but the buyer is hesitant because of a possible boundary issue.

?ÿ


 
Posted : August 6, 2018 7:08 am
bill93
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Looks like a lot of found corners, so a re-survey isn't going to help.

Lots of elements of AP here.?ÿ But it isn't AP until you pay a l*wy*r a ton of money to get a judge to say so.

Jones should sell with warranty to the part on their side of the wall and quitclaim to the rest.

My $0.00 (no license)


 
Posted : August 6, 2018 8:32 am
scott-ellis
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Why is the most southeasterly corner not on the deed line? Is the deed line and the Lot lines the same?


 
Posted : August 6, 2018 8:39 am
steven-metelsky
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Does it fit the classic O.C.E.A.N.S. test?

You have several options to arm your client should they want to clear up title to that land.

I would suggest that your client propose a minor subdivision with the neighbor so long as the adjoining lot will not violate zoning after the line is moved. Hopefully "field court" will prevail and money will be saved. Otherwise, AP will be your client's only course of action.

What is strange to me is the location of the dwelling. It is as if there might be a subdivision out there somewhere that never got recorded or an agreement between whomever owned the properties when the house was built. If they made the agreement and lived up to that line, then that is where the line will be if it goes to court. Is the fence line monumented? That would be in favor of a prior agreement being made.?ÿ


 
Posted : August 6, 2018 9:28 am
thebionicman
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Posted by: Bill93

Looks like a lot of found corners, so a re-survey isn't going to help.

Lots of elements of AP here.?ÿ But it isn't AP until you pay a l*wy*r a ton of money to get a judge to say so.

Jones should sell with warranty to the part on their side of the wall and quitclaim to the rest.

My $0.00 (no license)

The AP occurs when the fact pattern is met. Many force it to the judge to declare, but it's cheaper if the owners recognize it, memorize it per State code and move on with life...


 
Posted : August 6, 2018 11:17 am

jph
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Posted by: thebionicman
Posted by: Bill93

Looks like a lot of found corners, so a re-survey isn't going to help.

Lots of elements of AP here.?ÿ But it isn't AP until you pay a l*wy*r a ton of money to get a judge to say so.

Jones should sell with warranty to the part on their side of the wall and quitclaim to the rest.

My $0.00 (no license)

The AP occurs when the fact pattern is met. Many force it to the judge to declare, but it's cheaper if the owners recognize it, memorize it per State code and move on with life...

Well, sure.?ÿ But these things typically have an adversarial component that prevents such things.?ÿ

We just need one party to recognize prior that they're not going to win in court, and maybe this thing will settle out.


 
Posted : August 7, 2018 5:27 am