Re: Perspective easement or Adverse Possesion

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Relax Charlotte

Under the Doctrine of Laches a person who sits back and
watches the erection of a fence, dwelling or any construction
can not LATER claim the building was on his land and he owns
it. The land is yours. DO NOT buy land that is yours. In
law a land owner must Actively defend his property rights.
This can be done by putting up a fence, or complaining of the
entrusion + some "avert act" (using physical force) ie
shooting of a shot gun.

Adverse possession usually has a statutory time of 20 year to
30 years. But your state might have less of a time. If it is
not less then the Adverse possession will not work because the
owner is now complaining. The true owner must almost abandon
the property to some "squater" for the statutory time. Here
in your case he is not abondoning his claim or allowing you to
remain. So Adverse possession might not be a strong agrument
anymore.

Also the prevous owner of the property must have given you a
deed to the place with a warranty I hope. One of the
warrantees should be to "defend the title to the property from
any dispute in the future" from claims against his title
during his time of owenership. So turn it over to him to
battle it out and assert the Doctrine of Laches.

I hope this helps....

Res Ispa Loquitur

On 10/20/06, dorothy wrote:
> On 5/05/06, Susan wrote:
>> I am hoping you can assist me with information.
>>
>> The property directly new door (only land) was put on the
>> market. A survey was conducted and determined that our
>> house and an out building was built over the property
>> line. We purchased the home 7 years ago. The house is 15
>> years old.
>>
>> We were informed by the property owner next door that our
>> house and out building was over the property line even
>> before the survey was conducted. He told us a long tale
>> as to a dispute he was having even before the house was
>> built with the previous owner. We immediately requested a
>> meeting with him, the land surveyor and ourselves. At the
>> time we all met the property owner next door admitted to
>> knowing the property markers were tampered with by himself
>> and the previous owner of our property some 15 years ago,
>> even before the house was built. Neither alerted any one
>> of this problem.
>> 6 years ago we built a 3500 sq. ft shop and it too sits
>> half on our property and the Coles property. We applied
>> for the permits, the county asked to see our property
>> markers; they walked off a set back and told us where to
>> put the building.
>>
>> Now we are faced with a costly problem. To resolve the
>> dispute we are being asked to purchase the land our
>> property sits on, or they will more than likley sue. And
>> they are asking todays market value. More money than we
>> can even pay out. This land is land we believed to have
>> owned.
>>
>> This is a quick version of what has happened. Do we have
>> a good case for Adverse possession or Prescriptive
>> Easement and if we do what in your opinion do we need to
>> prove it?
>>
>> Thank you in advance,
>> Charlotte
>>
>>