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Adverse Possession?

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chuck-s
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Interesting problem caused by a child's tree house

http://www.northjersey.com/community/kids/Childs_treehouse_sparks_court_battle_in_Emerson.html?page=all


 
Posted : June 27, 2013 4:54 am
Perry Williams
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When you hire a professional builder to design and build a $6000 tree house, it is no longer "just a kid's tree fort". And they didn't even build it on their own land!


 
Posted : June 27, 2013 6:01 am
bill93
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They can't claim adverse possession because they say they asked permission from the developer who owns the land. Even without that, although the use is certainly open and notorious, it is not necessarily adverse to the owner, and I see no indication in the story that they did anything to make it exclusive.


 
Posted : June 27, 2013 9:17 am
imaudigger
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Her boyfriend built the treehouse and $6000 was probably materials only.

Things are expensive these days. Costs hundreds to build even a chicken coop anymore.


 
Posted : June 27, 2013 9:55 am
Mapman
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> ... and I see no indication in the story that they did anything to make it exclusive.

Well I guess if you can climb a tree....


 
Posted : June 27, 2013 11:38 am

DeletedUser
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Chuck,

That is an interesting story.
It has all the ingredients of a dispute.

I wonder about the time the defunct developer was approached about permission for the "Tree House, if they just imagined a few boards and planks nailed up for the kid instead of the over the top project by the boy friend.

I am also fascinated and amused that the coyotes were named as part of the problem.
D$%# NJ coyotes...:-)

Plus, the deterioration of neighborly relationship through the years.

Anyway, it looks like a good palce4 for the daughter to entertain in her teen age years. Par-tay'.

With all the code violations etc, I expect it to be moved or scaled down somehow.
Or just torn down..


 
Posted : June 27, 2013 12:32 pm
Cliff Mugnier
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That six grand in lumber is going to be chicken feed after they get regular monthly invoices from their attorneys ...

My guess is the Lawyers will win BIG.


 
Posted : June 27, 2013 1:20 pm
Dan-Dunn
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I read this in the paper this morning and got quite a chuckle. They claim adverse possession but then their attorney says they asked for permission. Its all moot since currently New Jersey requires 60 years for "woodlands or uncultivated tracts" (NJSA 2A:14-30) and per the tax records the house was built in 1957. My experience is that if no one had complained the town would have left it alone, But due to the complaint it will eventually be removed, but not until after the attorneys have run the well dry.

Above is a copy of the Emerson Tax Map. Tenebruso is lot 2, Geronimo is lot 1 block 902.

And yes we have coyotes, turkeys, deer and even the occasional black bear in this part of New Jersey.


 
Posted : June 27, 2013 1:38 pm
spledeus
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> And yes we have coyotes, turkeys, deer and even the occasional black bear in this part of New Jersey.

Which ones glow the brightest?

Sorry, I could not help myself.


 
Posted : June 27, 2013 6:17 pm
dave-karoly
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That's right. Their own Attorney claims they have permission from the developer so the use is not adverse.


 
Posted : June 27, 2013 7:20 pm

wfwenzel
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Lumber doesn't grow on trees!


 
Posted : June 29, 2013 7:29 pm