My Village is trying to steal my property

CN Spots

Lieutenant Commander
Joined
Oct 19, 2005
Messages
1,612
Re: My Village is trying to steal my property

I give that oak about two years before it's firewood. Bring that up in your complaint. Nearly everytime you remove or add soil to the root system of an established tree, it will die. And guess who will have to pay to have it cut down?<br /><br />Send these pics to the Arbor Day Foundation.<br /><br />Put the tree huggers to use. ;) <br /><br />spots
 

roscoe

Supreme Mariner
Joined
Oct 30, 2002
Messages
21,753
Re: My Village is trying to steal my property

Originally posted by EZLoader:<br />
Great...advise your client to lie to new buyer!<br />
Happens all the time in real estate, and it happens everywhere.<br /><br />Thats why the real estate agent and youir lawyer will do everything in their power to prevent you from speaking to a buyer.
 

wildbill59

Petty Officer 1st Class
Joined
May 14, 2005
Messages
395
Re: My Village is trying to steal my property

Originally posted by CN Spots:<br /> I give that oak about two years before it's firewood. Bring that up in your complaint. Nearly everytime you remove or add soil to the root system of an established tree, it will die. And guess who will have to pay to have it cut down?<br /><br />Send these pics to the Arbor Day Foundation.<br /><br />Put the tree huggers to use. ;) <br /><br />spots
The 4 cords of red oak behind the boat by the garage was up until this spring was a mate to the one in the pic. It was behind the one now, closer to the garage. It got hit by lightning about 75 years ago and had a big scar. It was developing base rot real bad so it was cut down. Having all the paved surface around it didn't help. Even though the lot line went thru the dead tree the Village renigged on paying for half in taking it down. That's another story for another day
 

EZLoader

Chief Petty Officer
Joined
Sep 28, 2005
Messages
456
Re: My Village is trying to steal my property

In Washington state, our law requires that sellers fully disclose of all known material property facts to prospective buyers using a formal 5 page document for that purpose. If the sellers lie on the disclosure statement, it can really come back to haunt them if the buyer can prove it and is hurt by the misinformation.<br /> <br />In Bill's case, his neighbor already knows of a material property fact and his attorney is advising him to lie to a new buyer and pretend he doesn't. I doubt that's legal in Wisconsin but if it is, potential Wisconsin Property Buyer's Beware!!!<br /><br /> :eek:
 

Haut Medoc

Supreme Mariner
Joined
Jun 29, 2004
Messages
10,645
Re: My Village is trying to steal my property

EZ, you hit the nail on the head.....Thankfully, that kind o' shiite don't fly in this neck of the woods ;) .....JK
 

KRS

Banned
Joined
May 15, 2004
Messages
2,383
Re: My Village is trying to steal my property

so, are there 58 other wildbill's?
 

wildbill59

Petty Officer 1st Class
Joined
May 14, 2005
Messages
395
Re: My Village is trying to steal my property

Just needed a username for some web site and the first 58 WB's were taken. Thinkin of changing to an earlier nickname "Bucksnort"
 

18rabbit

Captain
Joined
Nov 14, 2003
Messages
3,202
Re: My Village is trying to steal my property

It’s been awhile since my case (very similar to yours except mine involved only private parties) but I recall something about prescriptive and adverse possession not applying to the gvt, i.e. you can’t assume ownership of public lands thru either of those methods. Likewise, the gvt is bound by the 4th amend to compensate you for any land they take from you, so the gvt can't use it against you. Nothing about the 4th Amend allows for time limits. You should check with your state’s laws. It is important to act ASAP when you know someone else is in possesion of your property, but technically, without a fence being up, the village (city?) isn't in possession of your property (adverse). They are just using it (prescriptive).
 
D

DJ

Guest
Re: My Village is trying to steal my property

I always thought the real Village Idiots were in City Hall.<br /><br />I will say this. The staking off of and not clearing the snow off the sidewalk is NOT helping the cause. It's like rattling the Tiger cage. You'd better be careful how close you get.<br /><br />One has to remember that doing the right thing is not always in the best interest of the government.
 

EZLoader

Chief Petty Officer
Joined
Sep 28, 2005
Messages
456
Re: My Village is trying to steal my property

Hey Bill,<br />Re: Neighbor being in violation of Right of Away...he's ok.<br /><br />The neighbor's old house most likely existed prior to the existence of the "right of away" and "setback" laws so he is grandfathered in and not in violation. <br /><br /> They can't "put" you into violation after the fact. If they could then all of the old homes and businesses across America would be in violation.
 

wildbill59

Petty Officer 1st Class
Joined
May 14, 2005
Messages
395
Re: My Village is trying to steal my property

His house was built after the ROW was established in 1916. Garage was added on probably in the 40's. I sure wouldn't want to be in his shoes. I'm sure it can be fixed but it'll take a lot of $$$$$$$.<br /><br />1 lesson I've learned: Never, Never, ever buy a piece of property without a certified survey as part of the deal.
 

EZLoader

Chief Petty Officer
Joined
Sep 28, 2005
Messages
456
Re: My Village is trying to steal my property

If they haven't pursued this since it was built in the 40's he's probably ok after 65 years because no one is around to know the truth or the records are there to prove it's in violation.
 

wildbill59

Petty Officer 1st Class
Joined
May 14, 2005
Messages
395
Re: My Village is trying to steal my property

Ez, I'm just glad it's not my problem. The guy is real decent. Fisherman,carpenter, and one heck of a boat builder.<br /><br /> #2 rule when buying property<br />Have compentent counsel reveiw everything.
 

Mark42

Fleet Admiral
Joined
Oct 8, 2003
Messages
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Re: My Village is trying to steal my property

People ***** and moan about the cost of buying/selling a house in NJ. But one thing is for sure, that right-of-way issue would have been a know condition right off the bat. All purchases require a new survey and property title search, etc. I often wonder what sort of problems people have in states that let you buy/sell realestate without a broker, attorney and a ton of rules and regulations.
 

tommays

Admiral
Joined
Jul 4, 2004
Messages
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Re: My Village is trying to steal my property

same thing in NY allways a good survey and title search with insurance <br /><br /><br />tommays
 

18rabbit

Captain
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Nov 14, 2003
Messages
3,202
Re: My Village is trying to steal my property

Originally posted by wildbill59:<br /> #2 rule when buying property<br />Have compentent counsel reveiw everything.
I would never use a real estate agent to buy a home.<br /><br />Buying a home is a contract…something an attorney should know about. When I purchased my home I didn’t use a buying agent. Instead, I used an atty. The diff? 3% of the house’s cost, aka the buying agent’s commission, was returned. Paid less than $800 in atty fees, saved over $20,000 in commissions. That $20k spread out over the life of a 30-years loan means closer to $60,000 stays in my pocket.
 

Kalian

Chief Petty Officer
Joined
Jul 15, 2005
Messages
598
Re: My Village is trying to steal my property

The buyer doesn't pay the agents commision, the seller does. I guess you're saying the cost of the house was reduced by the amount of the commision by negotiating with the owner?<br /> The trouble with not using a realtor (if you're a buyer)is they have expertise with the paperwork regaring disclosures, etc. If you're not familiar with the disclosure laws you could get burnt bad. The realtor (in california) is required to inspect the property and disclose any defects that are reasonably evident, among other duties. There have been cases where people have won lawsuits for nondisclosures, so most agents now will make an effort to find potential problems, to avoid a lawsuit down the road.<br /> Also, most people who are selling their house on their own won't drop the price by 3% if they have it priced at market value, unless it's been on the market a long time.
 

Johnshan1

Senior Chief Petty Officer
Joined
Apr 15, 2003
Messages
739
Re: My Village is trying to steal my property

Just bought a house and the seller failed to disclose he moved the oil tank to a location that now required a pump to deliver fuel to the furnace, I sent him the bill and got a check for $885 a few weeks later. Got the info that he moved the tank from a good neighbor and failed to "test" the furnance after and most of all, never disclosed that he did such action.<br /><br />I would not buy a home without an agent, also I would make sure the property was surveyed, thats worth its weight in gold. I had a neighbor throwing brush onto my land and we had to have a nice discussion regarding that, if the land was surveyed it would be a non-issue. <br /><br />Anyways buyer beware....
 
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