Re: Adverse Possession / Estoppel by Aquiescence

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Just wanted to say Thanks John, for your most helpful input on my
query about my Adverse Possession posting. Including all others who
commented later.

I am happy to relay that the property matter, in question, was
resolved in our favor without filing a Quiet Title Action thru the
Court. The hold out party aquiesced and signed a QUITCLAIM Deed,
conveying said property over to us, after they realized we had a
stronger Legal position. The recorded Court supporting documentation,
along with written family records and property tax payments proved to
be a more overwhelming claim to the property for us than I had
realized.

So now after 45 years, I have finally been able to close the remaing
books on some old family business. This open forum was most helpful.

On 7/22/07, john wrote:
> It looks like you have a good claim of adverse possession. I assume
> you may file a quiet title action to establish exclusive title to
> the property. The burden will be on you to show that you have
> fulfilled all the requirements of adverse possession. From what you
> have told me, you can do that. If the opposing party ignored your
> open, exclusive presence on the property for 29 years you are in
> good shape.
>
> One thing to remember; Do not accept any assurance from the other
> party that you now or ever had their permission to stay on the
> property. That is a trick! If you were to acknowledge that you had
> permission your possession would not be adverse. Best thing is to
> only communicate through court documents and hopefully you can have
> a lawyer do that. It will cost some $$ but it is far too risky to
> do yourself. Sounds like the other party is not prepared to contest
> a court action. You may get a default judgment if the other party
> fails to respond when you commence your action which will be the
> best possible result.
>
> Good luck!