Re: Adverse Possession / Estoppel by Aquiescence

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That's good news! Glad you got clear title without having to go through
the expense of court.

On 11/06/07, Duane wrote:
> 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!