Not sure how you could put a lien on the property when your client was a third party with no contract to purchase? Seems to me your lien must go agai...

Can only run against those with possessory interest. So no, not until after foreclosure proceedings have ousted those with earlier possessory rights....

How does anything get done in Texas? I mean, if you are forbidden from writing a description based on anothers survey, aren't you also forbidden from...

Normally the court would say a bit more than that. But, if the fence, with all its twists and turns, is the boundary then it appears to be an agreed ...

I don't see why it should be a problem. State in your contract the info the description will be based on and that your offer to provide an opinion on...

We don't have that problem. The document is identified and in addition there is a form that must be filed with the document for tax mapping purposes ...

DuaneYes, I think we're on the same page. The best evidence could be structures or improvements built nearer the time of the original survey, or it c...

I gotta disagree with JB and Richard. The exception out of the 40 should be immediatly after its description, in order to be clear where the exceptio...

It would take more specific exclusionary language to limit these conveyances to the right of way line. Both go to the center of the road because they...

In its present recorded form it's not a valid conveyance against third party BFP's. But if a schedule A can be found then the conveyance is valid bet...

These are frustrating because all too common. I've searched and searched court cases and secondary references for 25 years and never been able to fin...

Given the occupation and length of time most courts would probably say it's valid. Assuming of course that a surveyor has produced a map showing evid...

DUANERichard,I have thoroughly analyzed your alien reasoning and find I prefer things in the deep end.What is the purpose of taxing land if not to pay...

Adverse possessin in Wisc.>DuaneYes, that really is the crux of the matter. It's approached and expressed in so many differing ways in differing c...

Adverse possessin in Wisc.>DuaneThere certainly are regional differences, but I was referring to Mass. as the frontier:) The wild east if you will...

Adverse possessin in Wisc.>DuaneWhat I'm saying is there is not one intent of AP law. There are several public policy reasons underlying the need ...

Adverse possessin in Wisc.>DuaneYes, most of the legal scholars and commentators do not like the actual decisions of the courts nor the way adverse...

Adverse possessin in Wisc.>DuaneDon,The form of the statute does impact the issue of AP by "mistake". The majority of jurisdictions require a "goo...

No, the idea is that a good adverse possession statute should bar the stealing of land and treat the issue as the good Wisconsin quote indicates. Tha...

So, there is no "strips and gores doctrine"? If the description touches the monument, title goes to center or as far as grantor had title to convey. ...