Boundary Determination
Like I said, I did not create the problem......it is up to the guilty party to fix it.
Boundary Determination
Maybe none of the current owners created the problem.
The guilty party may have died years ago.
Boundary Determination
Could be, since we know little facts about the problem!
Boundary Determination
If you sat there and watched them build a building, and didn't say anything you may well have given up your rights. Look up estoppel by Laches. If the boundary line has not changed by virtue of adverse possession or by acquiescence, you could have last your rights by those actions as well.
If you want to make it a big fight and bring in lawyers, you could still lose by one of a variety of legal standards. Even if this was done before your time, or if it was done recently and you didn't exercise your rights until the damage was already done.
It is people who argue and fight their neighbors like that that make things worse and keep money in the attorney's hands. First, you are assuming that the current owner caused the damage, and second you are causing problems after the fact and encroachment has already been committed. No good can come of going after your neighbor with both barrels.
"Estoppel by laches is an equitable doctrine by which some courts deny relief to a claimant who has unreasonably delayed or been negligent in asserting a claim. A person invoking laches should assert that an opposing party has slept on his/her rights and that the party is no longer entitled to his/her original claim. Laches is a form of estoppel for delay." (USLegal.com)
Doctrine of laches
http://www.leagle.com/xmlResult.aspx?xmldoc=In%20ARCO%2020110406010.xml&docbase=CSLWAR3-2007-CURR
KING v. FRENCH
2011 Ark.App. 257
The doctrine of laches is an equitable principle premised on some detrimental change in position made in reliance upon the action or inaction of another party. Goforth v. Smith, 338 Ark. 65, 991 S.W.2d 579 (1999). It is based upon the assumption that the party to whom laches is imputed has knowledge of his rights and the opportunity to assert them, that by reason of his delay some adverse party has good reason to believe those rights are worthless or have been abandoned, and that because of a change of condition during this delay it would be unjust to the latter party to allow the knowing party to assert those rights. Id. Stated another way, laches is ordinarily applied to situations in which the complainant stood idly by while the other party has materially changed his position. Richards v. Ferguson, 252 Ark. 483, 479 S.W.2d 852 (1972).
Turns out that King brought the situation to light in 1987, 2002, and 2006...
We believe that laches undoubtedly applies to the grave sites of Eloise and N.B. due to the passage of time without more affirmative action than generalized complaints.
DDSM;-)