States are so different regarding AP and acquiescence, Montana is a state where AP is difficult to obtain. Acquiescence may be more in line. But did he even go there, he didn't have to.?ÿ
In this case there isn't a plaintiff between the two landowners so a third party sued or charged them.?ÿ
There must be much more to the case, but I've been in these situations and the judge can end it quickly. Basically get out of my court so I can move on and do real legal work. Slam the gavel down, put the boundary into the record and the statute is satisfied. It's over.?ÿ
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And all this time I thought boundary line agreements were there for us to use whenever our client's last name was Smith or Miller or whenever searching for irons would involve breaking a sweat or being stuck by briars.?ÿ
I did a QUICK overview of the article...is the effect the same as torrens?
Who guarantees the opinion? (Is the lawyers E&O the defacto title insurance?)
Certainly. My experience with these sorts of agreements is that they put down on paper in the record what is in fact on the ground. So no one is losing anything, it is simply a way for the surveyor and the land owner to put the reality on record. Again, no one loses anything, certainly not the mortgage holder.
As mentioned above, these things are sometimes resolved by the courts in a friendly quiet title case. The advantage with that is that there is no review from a planning department and the assessor cannot argue about it. The judge drops the gavel and it is done.
The Judge accepted their argument?ÿ of a Boundary Line Agreement and used that Agreement to perfect an argument of Adverse Possession. You bet there's more to the story. The Judge is probably sleeping with the Defendant's ex-wife.
?ÿI just can't help myself............................"Statute of Frauds"
There may be a statue somewhere symbolizing statutes in general.
That's what I'm debating. Should I lick my wounds and move on or appeal the Judge's decision.
- How do you have standing for an appeal if you aren't one of the landowners?
One of the good AP lawyers told me cost for an AP case starts at $20k and goes up from there.?ÿ
I'm over $100,000 and the costs are still coming in.
The legal system is like a tar baby.. once they've got you you can't get away.
I see some key points being mixed up here. Some States mix agreements and adjustments, and I recognize they have a right to do things wrong. The great majority of cases separate the two for very good reason.
The community planning authority has jurisdiction to control transfers of property. This is intended to protect the safety, value and appearance of a community.
Where a transfer is effected by an operation of law or a true ambiguity exists, the plannjng authirity has no jurisdiction (at least they Should Not). The owners should reduce tge solution to writing and get it in the record. That last part is critical. Written agreenents are only enforceable between the parties. Meeting the notice requirements of your State changes that abd beings in successors.
At the very least you were definitely worked up enough type all that on the cell phone...big fingers are really a disadvantage in texty land.
I know I do.
The old eyeballs make it tough too. I got whacked with post-covid diabetes and didn't catch it right away. I see about one or two lines of clear text on a good day. It's getting better slow but sure..
Speaking of mixing up an agreement and adjustment, county officials in Colorado do it all the time. They can't fathom a disputed line or two possible lines that can ONLY be established either by agreement or in court. They look at two pieces of paper with different numbers and conclude that the boundary on the ground moves around accordingly. They don't even really understand that an adjustment is the formal movement of an established line. I have several cases for my Postcard series. One lasted 10 years. Started out simple enough but a mistaken surveyor, a landowner who described himself as a surveyor and a roomful of county people made it into the most tragic comedy of errors possible
County people and attorneys interject themselves into land disputes not by asking for professional advice but with the assumption that they are college educated clerks that merely have to use their intelligence that surveyors lack. They botch it every time. They require landowners to "subdivide" an actual boundary line agreement. They require surveyors to write meted and bounds descriptions of recorded Lots.?ÿ
Understood, that's a crappy deal.?ÿ I'm post Covid infection two times and monitor everything and found some weird stuff. Hope your recovery continues and full?ÿ health resumes asap.
And then there is Park County.....true laughing stock there..... ???? ???? ???? ?????ÿ
