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    Re: Property Boundary

    Posted by -- on 9/12/08

    On 9/12/08, Vincent M. Smith wrote:
    > Poster "done good". However, there are other isues not addressed
    > nothwithstanding simple adverse possession rights and claims
    > e.g. which neighbor is responsible for damage to children for
    > damage via the attractive nuisance doctrine? Would you want to
    > claim the property as you're own or would you wnant the neigbor
    > to take the hit?

    If you are the original deed holder (as I believe the poster claims
    to be) you are responsible (liable) for things like injury of
    guests or invitees whether you claim ownership or not.
    (Undiscovered trespassers are another class that, depending on your
    state law, you may owe no duty of care to.)

    The topic of attractive nuisance is another different topic that is
    commonly misunderstood. It makes a difference in most states
    whether the danger on the property is natural or artificial. It
    also matters whether the child is aware or a child their age should
    be aware of the danger and assumes the risk anyway.

    It matters not, as the original owner, whether you claim the
    property or not. You are responsible for the property until
    another gains legal ownership. If an adverse possessor squats for
    the statutory period, I believe the original owner is still
    responsible (liable) for the property absent an assumption of
    responsibility by the adverse possessor.

    HOWEVER: This is a good question for this board.

    If a person satisfies all requirements for adverse possession of
    property but does not move to quiet the title in a court, who is
    responsible if an accident occurs on the property? If you
    adversely possess the property for the statutory period are you
    stuck with it as the legal owner or can you just walk away and
    disavow legal ownership? (Assuming you never were awarded title by
    a court)

    For example; what if you adversely possess a piece of land that is
    found to be a former toxic waste dump. The government orders a
    clean up of the property by the owner. The clean-up will cost a
    million dollars. Is the “deed” owner responsible or is the person
    who has adversely possessed the property for the statutory period
    responsible even though they never “confirmed” their ownership by
    adverse possession in a court. (assume that neither party caused or
    new of the existance of the toxic waste in the first place)

    Posts on this thread, including this one
  • Property Boundary, 8/20/08, by M Conway.
  • Re: Property Boundary, 8/20/08, by --.
  • Re: Property Boundary, 9/12/08, by Vincent M. Smith.
  • Re: Property Boundary, 9/12/08, by Vincent M. Smith.
  • Re: Property Boundary, 9/12/08, by --.
  • Re: Property Boundary, 9/13/08, by Don't post here anymore. .
  • Re: Property Boundary, 9/13/08, by --.
  • Re: Property Boundary, 9/13/08, by --.

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