Part-time neighbor trouble, stealing signs

fantasymaker · #**101** 10/06/09, 04:20 PM

Quote:

Originally Posted by Common Tator

fantasymaker, you clearly misread my posts. I never implied that anyone was laying he groundwork for an adverse possession claim.

I also never said the entire world is about California, however that is where my ranch is located, and the laws of California do apply to my ranch. I listed my location, and others who read my posts know what State I am from.

I understand that you did not imply anyone was making the claim. What I was trying to warn about is they could be doing such unbeknownst to you.You certainly wouldnt want to give them any ammo to use aganist you.
And while mo town makes it clear that a claim of AP wouldnt prevail against you in a court of Ca with the info you have presented you never know what the otherside has or thinks they have. Or even if they would pursue a claim that most would aknowlage wouldnt apply.
But while your problem is in Ca many that read here will apply the lessons they learn from you to their own lives.
Its one of the great things about this forum that while we share our problems hopefully we also help others to excape them in the first step.

Quote:

Originally Posted by Mo-Town

I read the entire thread before I posted, and I stand by my comments. The world doesn't revolve around "cali," but this thread certainly does because CT lives in California. Your posts made it very clear you believed adverse possession could apply in CT's case. In fact, you even made a comment about her "admitting" to adverse possession by posting on this board..

True enough I thought they MIGHT but I did qualify it with the point that it would depend on the laws in Ca and other facts.

Quote:

Originally Posted by Mo-Town

I'm sure you were trying to help when you made your comments, but comments that misstate the law are neither helpful nor constructive. It's been said that a little knoweldge is a dangerous thing, and this is particularly true when it comes to the law. You may be generally familiar with the notion of adverse possession, but your most recent post makes it clear you don't understand the common law elements of an adverse possession claim, let alone the elements necessary to make a claim under California law. Adverse possession is an attack on title to real property. You can't aquire the right to continue picking apples by adverse possession. For that, you would need another common law remedy, proscriptive easement, and for reasons I won't get into here, that remedy also wouldn't apply to CT's situation. Your "state of Wittier" hypothetical would be another example of proscriptive easement.

I'm not trying to nit-pick or single you out for criticism. I chimed in because your comments on adverse possession were very off base, and people here at HT aren't going to be able to constructively apply "the knowlage gained here to their own situation in other places" if they receive bad information.

LOL if its hard for both sides to be clearly understood here in just the bit of conversation we have had imagine how hard it would be to throw in the ideas and elements of prescriptive easements?

Quote:

Originally Posted by Mo-Town

Adverse possession is an attack on title to real property. You can't aquire the right to continue picking apples by adverse possession. .

Really? Perhaps not in Ca but in other states Im fairly sure thats one of the points that would be included in a case of adverse possession. And Im pretty sure that if you won the case you could continue picking apples.
Yes prescriptive easment would likely be a easyer burden of proof but Ive seen AP cases fought and lost on less.

SpaceCadet12364 · #**102** 10/06/09, 04:24 PM

CT, is it an option to maybe paint something directly onto the trees? Some sort of paint or treatment that will not harm the trees but will be a distinctly purposeful thing? I am thinking of how they use some sort of paint (lime-based) on trees to take care of pests I think....but it looks like white paint.

Then, with directions you could tell them stuff like Hwy 123 for 4 miles, turn left at the road with 2 white painted (or whatever colored) pine trees.....etc, etc.

Prismseed · #**103** 10/06/09, 05:19 PM

Moments like this I am glad all my neighbors are at least 15 minutes walk away and the few new neighbors I have at least appear as polite respectable folk.

wyld thang · #**104** 10/06/09, 07:05 PM

Quote:

Originally Posted by rileyjo

I live on a century farm that was homesteaded and owned by one family for over 100 years. A few weeks ago, I was just sitting down to a big dinner with compnay when a car pulled in at the end of the lane. A woman and her kids got out and went into the orchard. I walked down to see if there was a problem (maybe the sheep were out or she'd hit a chicken) Nope, she just told me she was here to pick apples since it was her grampa's place. I thought about it for a minute. Those apples were mostly going to be eaten by the critters anyways, so I told her to go ahead and went back to my dinner.
It wasn't long before she drove all the way up and started picking my good apples behind the house. Then she knocked on the door and asked if her kids could have a look thru grandpas house. I guess she got me on a good day because I did show the young kids thru quickly. I also quizzed her on her life and she did apologize for interrupting our dinner.
Where I live, no one ever locks their doors or vehicles. I knew many folks that this lady is related with and felt comfortable with her story. However, I still think she had some nerve asking me for more bags so she could pick more of my apples....

rj, this was really nice of you. Yeah the woman was pushy, ha and nervy, but I can also imagine the blessing it was to her to be able to show her kids part of the family history(even tho it was an inconvienience to you). There is such a LACK of a sense of family history anymore, no wonder people dont' appreciate the land and what it means to live in a place/landscape you love and be sustained by it. It is very impressionable, especially for children, to be able to taste, smell, touch, see that stuff, not just hear about it. What goes around comes around too!

On the other hand you were right to pump her for family info, to see if she was on the up n up.

I'd love to be able to meet all the people who have owned "my" land. We got to know the people who built our house, and talked a lot with the old woman we bought it from, and I know the homestead ticket was filed by a woman, Minnie(can't think of the last name right off). SO kinda cool knowing "my" land was cared for by a handful of chicks who dug living out in da wood.

ETA, Minnie Bennett, RIP.

fantasymaker · #**105** 10/07/09, 09:35 AM

Quote:

Originally Posted by wyld thang

I'd love to be able to meet all the people who have owned "my" land. .

GREAT Thread Idea! Would you like to post it as a thread or would you mind if I did?

wyld thang · #**106** 10/07/09, 10:28 AM

Quote:

Originally Posted by fantasymaker

GREAT Thread Idea! Would you like to post it as a thread or would you mind if I did?

Go ahead FM! I always thought is was a cool thing to research back.

rileyjo · #**107** 10/07/09, 11:13 AM

Thanks WT, thats how I felt about it too. I'm a child of immigrants and I know how it felt to go to Holland and see my Oma's farm, which her family had owned for over 900 years. Stuff like that fascinates me. The lady's little kids were really sweet.

I'm sure I'd feel very different if she started harrassing me and interrupting my livlihood and I hope there's a good outcome for the OP.

fantasymaker · #**108** 10/07/09, 11:25 AM

I like the temperay paint Idea. How about "painting" turn arrows like they do for turning lanes in the city on the road to your house with powdered lime? When you close you could simply broom them into nothingnes and they would last a while on either a paved or gravel road.

Common Tator · #**109** 10/07/09, 11:37 AM

Painting the trees and/or the road is a no-no in the National Forest.

fantasymaker · #**110** 10/07/09, 12:02 PM

Even something like Lime? Thats sorta like sand painting.