property line quest -- what would you do

rucaradio

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Re: property line quest -- what would you do

I would survey definately.. A lawyer friend of mine informed me that Ohio's "Adverse Possession" law is 21 years. If you don't take care of your property and someone else does it BECOMES theirs.

Get it surveyed and post NO TRESSPASSING signs EVERYWHERE!
 

Tig

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Re: property line quest -- what would you do

I live in farm country and can tell you that one of the most valuable assets in a rural area is good neighbours. Disputes lead to hard feelings (or worse) that can last for decades.

Get a legal survey done (they will leave visible markers) and then meet the farmer at field-side with a beer and have a neighbourly conversation about how you can both meet your needs.

There is an old adage "You get back what you give out."

Exactly what I was going to say say. The survey will clarify the situation. Then think about how much more enjoyable life is with good neighbours. Whatever it takes, find an agreement that everyone can respect from the get go. I had similar problems ten years ago. It took a few years but everyone is happy now.
 

CN Spots

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Re: property line quest -- what would you do

I would survey definately.. A lawyer friend of mine informed me that Ohio's "Adverse Possession" law is 21 years. If you don't take care of your property and someone else does it BECOMES theirs.

Get it surveyed and post NO TRESSPASSING signs EVERYWHERE!

Interesting note: In MS ALL land is considered posted unless otherwise stated by the landowner... -but somebody else can use your land for 9 years and claim it as theirs? Without trespassing??


"The first thing we do, let's kill all the lawyer"
-William Shakespeare
 

DianneB

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Re: property line quest -- what would you do

I actually had a similar situation a few years ago where the fellow who leased the land adjacent to my place cut across my ditch to take a shortcut to his field and ran over some trees I had planted. Apparently he didn't see them, apologized for the damage, and no longer cut through the ditch. He has to drive 1,000 feet farther to get to the field but I also let him cultivate 2.5 acres of my property for no charge - it saves me having to cut the grass and control the weeds. Everybody benefits from a mutual solution.
 

marlboro180

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Re: property line quest -- what would you do

Avenger,
First off, I would think there should already be a survey on file.You should have gotten it with your closing papers. The realtor based the poles as the lot line on what knowledge? Hearsay??( which if they are utility poles, get moved around on occasion...) Are there irons out there??? If the land you are on was parceled off, one would have to have a legal description for the mortgage and title, assuming you have one. Which would also mean the survey should exist...and the irons. Go make yourself a set of diving rods and find the irons...
220px-Allemanswiro.jpg


Are you out in the sticks or on the edge of a subdivision?

Sounds like you have a good enough relationship w/ the land owner , but not so with the farmer. Let the owner know about your concerns, maybe he can get the word through to the farmer.
I believe in WI the notification for an owner to a land user in an adverse possession situation has to be in writing. Not just a verbal.

Surveys here in SE WI run about 750 for something simple, to several thousand. Add even more if you want or need topographical info.
 

JB

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Re: property line quest -- what would you do

People are no damned good, and that includes rural prople.:rolleyes::rolleyes::p
 
Last edited:

Bass Tracker TX17

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Re: property line quest -- what would you do

I actually had a similar situation a few years ago where the fellow who leased the land adjacent to my place cut across my ditch to take a shortcut to his field and ran over some trees I had planted. Apparently he didn't see them, apologized for the damage, and no longer cut through the ditch. He has to drive 1,000 feet farther to get to the field but I also let him cultivate 2.5 acres of my property for no charge - it saves me having to cut the grass and control the weeds. Everybody benefits from a mutual solution.
Very nice of you.
How are going to feel after it's legally his. He's working that field.
Sorry
i don't care how good my neighbors would or would not be.
My Land
Stay the #%^*(%^&$) off of it.
 

avenger79

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Re: property line quest -- what would you do

Avenger,
First off, I would think there should already be a survey on file.You should have gotten it with your closing papers. The realtor based the poles as the lot line on what knowledge? Hearsay??( which if they are utility poles, get moved around on occasion...) Are there irons out there??? If the land you are on was parceled off, one would have to have a legal description for the mortgage and title, assuming you have one. Which would also mean the survey should exist...and the irons. Go make yourself a set of diving rods and find the irons...
220px-Allemanswiro.jpg


Are you out in the sticks or on the edge of a subdivision?

Sounds like you have a good enough relationship w/ the land owner , but not so with the farmer. Let the owner know about your concerns, maybe he can get the word through to the farmer.
I believe in WI the notification for an owner to a land user in an adverse possession situation has to be in writing. Not just a verbal.

Surveys here in SE WI run about 750 for something simple, to several thousand. Add even more if you want or need topographical info.

yes will find out if anything is on file. The poles are actually marker poles used for fencing.

oh I'm out in the sticks. all farmland.
 

skargo

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Re: property line quest -- what would you do

People are no damned good, and that includes rural prople.
Wow, such all encompassing negativity! I disagree, there are plenty good people out there, I'd venture to say more are good than bad.
I too live in a rural community. I ALWAYS get a survey when buying property, and mark my corners.

As for adverse possession, these minimum criteria must be met,

EDIT* http://en.wikipedia.org/wiki/Adverse_possession *EDIT (special thanks to Tim Frank for keeping the internet a nice place to visit!) ;)
* Actual possession of the property
* Open and notorious use of the property
* Exclusive use of the property
* Hostile or adverse use of the property
* Continuous use of the property

Actual possession: the disseisor must physically use the land as a property owner would, in accordance with the type of property, location, and uses. Merely walking on land, or hunting, does not establish actual possession.[6] His actions must change the state of the land, as by clearing, mowing, planting, harvesting fruit of the land, cutting timber, mining, fencing, pulling stumps, running livestock and constructing buildings or other improvements.

Taxes: paying taxes does not establish actual possession, but may be admitted by some courts as evidence of claim of right. For example, if the true owner regularly pays taxes on the land, even while a disseisor has taken actual possession of the land by his regular use and improvement of it, the true owner's payment of taxes does not affect the disseisor's actual possession. However, if the disseisor were to pay taxes over the same period that he was using and improving the land, the court might find that his payment of taxes was evidence that he believed he had a "claim of right" to the land.

Open and notorious: the disseisor's use of the property is so visible and apparent that it gives notice to the legal owner that someone may assert claim. It must be of such character that would give notice to a reasonable person. If legal owner has knowledge, this element is met; it can be also met by fencing, opening or closing gates or an entry to the property, posted signs, crops, buildings, or animals that a diligent owner could be expected to know about.

Exclusive: the disseisor holds the land to the exclusion of the true owner. Renters, hunters or others who enter the land with the permission of the true owner fail to have exclusive possession. (Note: There may be more than one adverse possessor, taking as tenants in common, so long as the other elements are met.)

Hostile or adverse: objective view--used without true owner?s permission and inconsistent with true owner?s rights. Bad faith or intentional trespass view--used with the adverse possessor?s subjective intent and state of mind (mistaken possession in some jurisdictions does not constitute hostility). Good faith view--a few courts have required that the party mistakenly believed that it is his land. All views require that the disseisor openly claim the land against all possible claims.

Continuous: the disseisor must, for statute of limitations purposes, hold that property continuously for the entire limitations period, and use it as a true owner would for that time. This element focuses on adverse possessor?s time on the land, not how long true owner has been dispossessed of it. Occasional activity on the land with long gaps in activity fail the test of continuous possession. Courts have ruled that merely cutting timber at intervals, when not accompanied by other actions that demonstrate actual and continuous possession, fails to demonstrate continuous possession. If the true owner ejects the disseisor from the land, verbally or through legal action, and after some time the disseisor returns and dispossesses him again, then the statute of limitation starts over from the time of the disseisor's return. He cannot count the time between his ejection by the true property owner and the date on which he returned.
 

Cofe

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Re: property line quest -- what would you do

Have an attorney draw up an easement purchase agreement at some price you think the access road is worth.
Go talk to the land owner about purchasing an easement from you, so you can protect yourself from accident law suits. Chances are the land owner won't want to purchase an easement from you. Have him sign that he is not interested in the purchase.
The land owner will then know that it is your land, and he has no business using it because he never bought the easement from you.
Adverse possession is a real problem, and the easement offering would take care of that.

Document everything, and if possible have a witness.

Doing things legal will keep the tempers from flaring. Good luck
 

Tim Frank

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Re: property line quest -- what would you do

Wow, such all encompassing negativity! I disagree, there are plenty good people out there, I'd venture to say more are good than bad.
I too live in a rural community. I ALWAYS get a survey when buying property, and mark my corners.

As for adverse possession, these minimum criteria must be met,

* Actual possession of the property
* Open and notorious use of the property
* Exclusive use of the property
* Hostile or adverse use of the property
* Continuous use of the property

Actual possession: the disseisor must physically use the land as a property owner would, in accordance with the type of property, location, and uses. Merely walking on land, or hunting, does not establish actual possession.[6] His........

which he returned.

Boy, you really know your stuff....it says exactly the same thing on several web pages...verbatim....but they credit Wikipedia...guess Wiki ripped it off from you, or you'd have acknowledged the source....:D
 

skargo

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Re: property line quest -- what would you do

Boy, you really know your stuff....it says exactly the same thing on several web pages...verbatim....but they credit Wikipedia...guess Wiki ripped it off from you, or you'd have acknowledged the source....:D

So you would rather I make stuff up? :confused:
I thought I had credited wikipedia, I didn't realize you were the wiki police, i am editing my post now ;)
 

OldePharte

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Re: property line quest -- what would you do

Not all property corners are marked. In our area, they use #3 or #4 rebar if your lucky.

You could go to the county courthouse and look up the lot plat. I doubt in your area that they use metes and bounds, which can be a royal pain. Since past surveys were done at one time, get a copy and go from there.
 

JB

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Re: property line quest -- what would you do

Wow, such all encompassing negativity! I disagree, there are plenty good people out there, I'd venture to say more are good than bad.
I too live in a rural community. I ALWAYS get a survey when buying property, and mark my corners.

Well it is your turn to misunderstand one of my comments, Skargo. I should have included :rolleyes:
 

skargo

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Re: property line quest -- what would you do

Well it is your turn to misunderstand one of my comments, Skargo. I should have included :rolleyes:
Darn typed words! Now it makes a lot of sense. ;)
 

Tim Frank

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Re: property line quest -- what would you do

So you would rather I make stuff up? :confused:
I thought I had credited wikipedia, I didn't realize you were the wiki police, i am editing my post now ;)

Want YOU to make stuff up?...no...if it's on Wiki, someone has already done that...:D
My comment about crediting Wiki was more about making sure that you don't get stuck with the blame. Wiki is notorious for being wrong, and using them as a source of legal advice would be like asking the Boston Strangler to straighten your tie. :eek:

Actually, based on your track record, I would trust your considered opinion or summed knowledge far more than something I found on Wiki.
 

skargo

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Re: property line quest -- what would you do

Want YOU to make stuff up?...no...if it's on Wiki, someone has already done that...:D
My comment about crediting Wiki was more about making sure that you don't get stuck with the blame. Wiki is notorious for being wrong, and using them as a source of legal advice would be like asking the Boston Strangler to straighten your tie. :eek:

Actually, based on your track record, I would trust your considered opinion or summed knowledge far more than something I found on Wiki.

Thanks Tim! I appreciate that last comment.

If you search, you will see I always try and give credit due, where it's due, I apologize for missing that this time.

I hear you about wiki, anyone can go in and edit them, but the people there USUALLY are pretty good about correcting it.

Have a great day!
 

BoatBuoy

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Re: property line quest -- what would you do

As far as boundary markers, I own a piece of rural property in Virginia which was passed to me through the family. The deed is pretty much as written generations ago. I haven't looked at it lately, but I remember one corner is marked by a "cucumber tree". Now who would know what a cucumber tree is or how long it lives?
 

skargo

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Re: property line quest -- what would you do

As far as boundary markers, I own a piece of rural property in Virginia which was passed to me through the family. The deed is pretty much as written generations ago. I haven't looked at it lately, but I remember one corner is marked by a "cucumber tree". Now who would know what a cucumber tree is or how long it lives?

It's probably a pickle tree by now...
 

avenger79

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Re: property line quest -- what would you do

well many here will think I'm foolish but after checking last night the poles do seem very close to correct plus the fact that I got some crappy news yesterday that suddenly made things like this very trivial.

looking at the plat his trail has always been there so I'm sure wis would grant him adverse poss if the poles were incorrect so i'll let things lie as they are. his nephew will not be allowed to go through my yard but otherwise all is good.
 
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