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  #41  
Old 04/28/09, 07:06 AM
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Quote:
Originally Posted by Nevada View Post
As you pointed out, the claimant has to establish the exclusive use and possession of the property. I appreciate your confirming that fact for me.

But I don't see how the claimant can make that claim when the current owner is living on the property. It certainly isn't exclusive possession when someone else lives there, and since the owner is using the property as a residence it can't be exclusive use either.

Honestly people, some posters around here are going to make us all nervous wrecks. Chill out, he's got no claim of adverse possession. He just cut a stand of trees a little too close to the property line for comfort.
I seldom see a adverse possession case where the owner ISNT liveing on the property!
Usually these cases are about a portion of the property, just as in this thread the neighbors would not seem to have a claim to the property around the house but would to the back portion.

CAUTION
Courts In the past have awarded the ENTIRE property to someone claiming adverse possession when they have found that a signifacant part of the property was being used by the claimant.

Last edited by fantasymaker; 04/28/09 at 07:12 AM.
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  #42  
Old 04/28/09, 10:37 AM
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Quote:
Originally Posted by fantasymaker View Post
Courts In the past have awarded the ENTIRE property to someone claiming adverse possession when they have found that a signifacant part of the property was being used by the claimant.
Sure, the entire property isn't normally being used, but in modern times adverse possession is not really used for hostile acquisition. It's used as justification for a quiet title action.

For example, let's say that you bought a property from a man a while back. When you go to sell it the title company learns that the man you bought it from was married, but the wife didn't convey the property. The title company wants it cleared-up before the title policy is issued. Unfortunately, both the seller and is wife are now deceased. What to do?

The easiest route to clear the title is a quiet title action, claiming adverse possession. In that case, you claim the exclusive and notorious use & possession of the property. Since the previous owners are deceased they won't object, so being an uncontested civil matter the judge will almost certainly go along with it. (side note: Courts normally allow unnamed defendants in quiet title actions, which you should do, so the title is cleared regardless of who might come forward in the future)

I also have a ploy to acquire rural properties through adverse possession for resale at eBay. With my method no one is upset and there are no hard feelings, since it's abandoned property anyway . I hate to give away business secrets publicly, but if anyone really wants to know how I do it I'll share in PM.
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  #43  
Old 04/28/09, 11:46 AM
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I would recommend you act quickly and involve law enforcement to remove the neighbors, their trash and anything else of theirs on your land. Fence between he properties, post it very well, and even consult an attorney to see what else you need to do to protect yourself.

I am confused by Nevada's posts, and at the same time I am not. Check our his posts in GC, and you will find that he loves to disagree. He is not concerned with your best interests here. You need to protect yourself from an adverse possession suit NOW. Not tomorrow, or next week, or even next month.

If you don't you could lose all or part of your acreage. Possibly even your home.
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  #44  
Old 04/28/09, 01:58 PM
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I am not so sure the OP would lose their home, but definitely a part of the acreage. I used to work for the County Surveyor and I can tell you beyond a shadow of a doubt they have enough for an adverse use case. If Michigan is anything like Wisconsin whether your live on the land or not is irrelevant. It can be as little as two feet or two hundred acres. Best to put up a decent fence now. Makes things easier in the long run.
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  #45  
Old 04/28/09, 03:14 PM
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Hi guys!

Well, we've sat down and talked with mister neighbor.

Him and his sons were cutting wood (yes, with chainsaws, to whoever asked that) so that they can burn it next winter. They can no longer afford propane.

He said that the trees cut on our side of the line were a mistake. Not sure whether to believe him on that, but whats done is done. We had to ask, but he did give us half of that wood. We are in the process of loading it today to bring it home. He had quite alot of wood, and says he is almost done cutting.

We also confronted him about the hunting and beer cans. He did agree to ask next year before venturing onto our property, though we'll have to wait and see if he sticks to that. He did say he could clean up after himself better, with the beer cans. Seemed a little embarrassed about that, to tell you the truth! But again, we'll have to wait till fall to see if he sticks to that one.

We are talking about building a fence, though I'm not sure that'll amount to anything. We do have a "fence" along the back of the property, but its very old and dilapidated, and hasnt stopped anyone in the past. But we'll see where it goes.

Anyway, that's how it worked out. Good enough for us.
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  #46  
Old 04/28/09, 03:39 PM
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See all taken care of now, And without the intervention of any law officer. Which IS the best thing for both parties involved. Talking it out first, is the best way to handle things. bar none
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Last edited by arabian knight; 04/28/09 at 07:43 PM.
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  #47  
Old 04/28/09, 03:58 PM
 
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OH MAN!! This thread makes me SO glad that our new land is clearly marked and fenced. It's a quarter section so it's exactly a half mile by a half mile. No dispute. My man wanted to just put up private property signs because he didn't want to be a full out jerk and say 'No trespassing'. Although I don't think that 'no trespassing' is THAT bad. Then he said that he wanted to put up a sign that said "Conservation area - pack out what you pack in. No cutting trees."

I just stared at him. Our property is 160 acres that is fully fenced with two gates. Our property looks like every other place around here and also looks EXACTLY like all the public land. Why on EARTH would someone need to open a gate and drive onto our land? I asked him if he would be mad if we came here and found 15-20 people camping in the meadows. He said he would be a tad upset. I was like "There you go. We are NOT putting up a sign that invites people in!" Sheesh. What would that accomplish? We didn't spend thousands buying it so other people can benefit. He was like "well I don't care if people drive/walk around out here. I just don't want them damaging anything."

At least I made him see my way in the end. We are going to put up decent signs that let people know they don't need to bother opening our gate.
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  #48  
Old 04/28/09, 04:22 PM
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Quote:
Originally Posted by Common Tator View Post
I am confused by Nevada's posts, and at the same time I am not. Check our his posts in GC, and you will find that he loves to disagree. He is not concerned with your best interests here. You need to protect yourself from an adverse possession suit NOW. Not tomorrow, or next week, or even next month.


Fine. Hire a lawyer then. I don't care.
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  #49  
Old 04/28/09, 04:32 PM
 
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Quote:
Originally Posted by Common Tator View Post
I would recommend you act quickly and involve law enforcement to remove the neighbors, their trash and anything else of theirs on your land. Fence between he properties, post it very well, and even consult an attorney to see what else you need to do to protect yourself.

I am confused by Nevada's posts, and at the same time I am not. Check our his posts in GC, and you will find that he loves to disagree. He is not concerned with your best interests here. You need to protect yourself from an adverse possession suit NOW. Not tomorrow, or next week, or even next month.

If you don't you could lose all or part of your acreage. Possibly even your home.

Is this how we talk about other forum members? I am confused if this is what Chuck means by ''be nice''
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  #50  
Old 04/28/09, 04:54 PM
 
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All I know is that the outcome is cool. I have lived by crapola neighbors who are not willing to agree that the sky is blue and would rather shoot ya than look at ya. So, congrats that the worst scenarios did not come true and hopefully your neighbors will follow through.
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  #51  
Old 04/28/09, 05:59 PM
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Originally Posted by Wanda View Post
Is this how we talk about other forum members? I am confused if this is what Chuck means by ''be nice''
Is it "nice" to give bad advice that could get someone else's property taken away?
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  #52  
Old 04/28/09, 07:33 PM
 
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Quote:
Originally Posted by xoxoGOATSxoxo View Post
He said that the trees cut on our side of the line were a mistake. Not sure whether to believe him on that, but whats done is done.

We also confronted him about the hunting and beer cans. He did agree to ask next year before venturing onto our property, though we'll have to wait and see if he sticks to that. He did say he could clean up after himself better, with the beer cans. Seemed a little embarrassed about that, to tell you the truth! But again, we'll have to wait till fall to see if he sticks to that one.
Well, I guess all that matters is if you are happy with the outcome. If there were trees on your side (not on the property line and equally owned), but trees entirely on your property that were cut - I would have got more than just half the wood. To "pay" for the mistake, you should have told them where they could bring your wood to and where you wanted it delivered!

If he comes asking for permission to hunt this year, I would warn him that if you see so much as a sandwich wrapper left behind, there will be NO MORE hunting priviledges. (That is IF you even allow him to hunt to begin with.)

I'd be informing him that alcohol is NOT allowed on your property at all!
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  #53  
Old 04/28/09, 07:55 PM
 
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Quote:
Originally Posted by geo in mi View Post
The moral? It's up to you to be proactive, if now downright aggressive, to protect what belongs to you. From day one......

I apologize for sounding so blunt, but this forum has gone through this discussion, or one close to it, nearly every month. I think you want us to go fetch your Slinky back.
OUCH...but this IS the way things are. You mentioned "asking them if they were logging" even tho you know they are. And if they say "no" then what? You say "OK" (and if you followed the advice of others on this post, you would follow it up with "then I'm callin' the cops") good luck with that one.

Everyone that has posted a reply has done so with best intentions, I'm sure, but the fact remains that if you have a problem, there is a solution. You are not going to find the solution by "asking" your neighbors for one.

You need to cinch up and be as firm as you can imagine yourself being and tell them that enough is enough! Certain things are cool...specific things are not. It's yours! Protect it or live with it, that's the situation you are facing.

Times are uncertain but still relatively stable so right now is a great time to act the way you would if there were no authorities to call.
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  #54  
Old 04/30/09, 03:25 PM
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Yep. We're happy with the outcome.
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  #55  
Old 04/30/09, 04:58 PM
 
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Quote:
Originally Posted by Common Tator View Post
Is it "nice" to give bad advice that could get someone else's property taken away?

There is no reason to think yours is any better. An opinion is just as good as you get for free. It is still not nice to talk about other members of the board.
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  #56  
Old 05/01/09, 07:35 AM
 
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That sounds like my old place in north Idaho. I solved the problem by getting the hell out of the state.
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  #57  
Old 05/01/09, 07:57 AM
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Originally Posted by Wanda View Post
There is no reason to think yours is any better. An opinion is just as good as you get for free. It is still not nice to talk about other members of the board.
Thanks Wanda, I haven't said anything offensive, but if I do, I'm sure I will hear from the mods. In the mean time, I gave excellent advice to the OP.

Since YOU take such offensive to my posts, I urge you to turn me into the mods immediately.

Frankly I am finding your attacks offensive and tiresome.
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  #58  
Old 05/01/09, 07:58 AM
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Our policy is to always remember, and take to heart, Robert Frosts poetic admonition; "Good fences make good neighbors".
We always make sure our fences are in good repair, clearly visible, and legal. This usually ends problems well before they can start.
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  #59  
Old 05/01/09, 08:00 AM
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I think NOW is the time to build a good fence.
WHILE you and your neighbors are still in a talking cooprative mood.
Ask them to go along while you mark the corners and then build the fence right on the line.
Since it is only a marker fence Id use woven cattle wire 4 feet tall with 2 strands of HOT barbed wire a foot apart on top of that.
Normally I prefer 6 feet of nonclimb horse fence with the hot wires above and one a foot up on the outside.
Belive me it makes neighborhood relations a LOT simpler!
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  #60  
Old 05/01/09, 09:11 AM
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OPPS once is enough!
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