Adverse Possession Appeal Question

[Disabled Vet]

Your offering more then most. Building codes would give you how close to a property line a house can be built. Where i live it's 10' from the property line. But each area is different. That is where i would look for a settlement. Then offer that along with your reason. Then have both properties resurveyed, filed and that should fix both deeds.

 

[Adverse]

Your offering more then most. Building codes would give you how close to a property line a house can be built. Where i live it's 10' from the property line. But each area is different. That is where i would look for a settlement. Then offer that along with your reason. Then have both properties resurveyed, filed and that should fix both deeds.

Thanks, but even though that is accurate, we are way, way past all of that.

 

[Adverse]

JFTR, this is still going on.

There is a 2-day Court date in September, 2017, for the two Counts that were not decided by Summary Judgement. Then, unless we add more to those two Counts to provide incentive to negotiate a settlement, our neighbor will appeal. The two counts both consider monetary damages.

Our neighbor has hired a new attorney, one who specializes in appeals.

 

[Adverse]

Sorry, misspelled judgment. I know better.

 

[army judge]

JFTR, this is still going on.

There is a 2-day Court date in September, 2017, for the two Counts that were not decided by Summary Judgement. Then, unless we add more to those two Counts to provide incentive to negotiate a settlement, our neighbor will appeal. The two counts both consider monetary damages.

Our neighbor has hired a new attorney, one who specializes in appeals.

My musings were oddly prophetic.
Go figure.
Why not cut a deal?
If you do, you'll still have some say in the outcome.

 

[Adverse]

My musings were oddly prophetic.
Go figure.
Why not cut a deal?
If you do, you'll still have some say in the outcome.

I thought you knew that we have offered to negotiate a settlement several times, including giving him the part of our lot that he encroaches on (free), and he has refused to entertain a settlement. He wants nothing short of way-too-much of our lot, almost up to the foundation of our house.

You have to have two parties at the bargaining table.

This is not really about adverse possession or a piece of real estate; his real purpose is to harass us, and I have been encouraging our attorney to go in that direction, a frivolous lawsuit. It takes an accumulation of wrongful actions to get our attorney to see it for what it is, but after 7 years of us offering to settle, he may be starting to see that.

 

[army judge]

This is not really about adverse possession or a piece of real estate; his real purpose is to harass us, and I have been encouraging our attorney to go in that direction, a frivolous lawsuit. It takes an accumulation of wrongful actions to get our attorney to see it for what it is, but after 7 years of us offering to settle, he may be starting to see that.

If my attorney played into my idiot neighbor's hand, I'd have fired him or her within the first 90 days.

Yes, I remember what you've endured.
That is precisely why I suggested once more negotiate, or just give the guy what he wants.
Frankly, I 'll bet the irascible scalawag doesn't know what he wants.
There are, however, people who can get a quarrelsome person to do a deal that makes him think he won, when he really lost.

You've certainly got the deck stacked against you, with your idiot neighbor, and your oblivious to reality attorney.

 

[Adverse]

Our present attorney is an associate of our first attorney, who had to retire because of a heart condition (probably lack of one). Seven years ago, in the first meeting with the first attorney, I told him what this was really about, an ongoing harassment the hateful neighbor had been engaging in for several years.

That attorney thought I was a raving lunatic, that this is a simple property line dispute, with our neighbor clearly on the wrong side. But, after the Court made the simple property line question clear, that the property is ours, the neighbor won't let it go.

That pretty much shows what I was saying in the first meeting with the first attorney.

 

[army judge]

Our present attorney is an associate of our first attorney, who had to retire because of a heart condition (probably lack of one).

That's it, laugh at the idiots involved.





BTW, the little maniac is so powerful and feared, he has a desk chair supplied for him to use in the field.
Tell me that's not funny, LOL.

 

[Adverse]

That's not funny.

 

[Adverse]

Somehow I thought someone had said that they would not feel comfortable, that they did not feel they would have marketable title, if their deed did not give them clear ownership of some area around their house.

I can understand that, and I understand setbacks for new construction, but is there anything legal that requires that in order to have marketable title?

 

[army judge]

I can understand that, and I understand setbacks for new construction, but is there anything legal that requires that in order to have marketable title?

Surprisingly it isn't illegal to sell property with a clouded title, as long as you disclose it.

Most people avoid that problem, if that is their scheme by simply using the old "quitclaim" method.

You're simply offering to sell that which you own, leaving the buyer to do her due diligence.

 

[Adverse]

1. Other than adverse possession, is there any way someone can acquire title to property just because their house has been on it for a long time?

2. Can someone be adversely possessing when they don't know they are, say because they own a house that encroaches on someone else's property when they don't know it does? In other words, does there need to be intent?

 

[army judge]

If I recall you're in MO, right?

This MO lawyer offers useful information on the elements of AP:

Adverse Possession Missouri: SmithAmundsen

 

[Adverse]

Thanks.

As you probably know, I have read that many, many, many times, and it is exactly that that allowed us to defeat an adverse possession attempt by an encroaching neighbor.

My question is whether the "encroacher" can acquire title to the part of our property his house encroaches on through any means other than adverse possession? Just because the house has been there for, say, 40 years.

Or, under adverse possession, since the encroacher does not meet the ten continuous years requirement, but because the house has been there for more than ten years, with previous owners, even though they have testified that they made no attempt to "adversely possess" any of our property because they never knew where the property line is, does the fact that the house has been there long enough to meet the ten year requirement qualify just the area that the house encroaches on?

& can he be granted just that area that his house encroaches on even though he asked for much more (and lost) and cannot meet the requirement for the rest? on.

 

[army judge]

Thanks.

As you probably know, I have read that many, many, many times, and it is exactly that that allowed us to defeat an adverse possession attempt by an encroaching neighbor.

My question is whether the "encroacher" can acquire title to the part of our property his house encroaches on through any means other than adverse possession? Just because the house has been there for, say, 40 years.

Or, under adverse possession, since the encroacher does not meet the ten continuous years requirement, but because the house has been there for more than ten years, with previous owners, even though they have testified that they made no attempt to "adversely possess" any of our property because they never knew where the property line is, does the fact that the house has been there long enough to meet the ten year requirement qualify just the area that the house encroaches on?

& can he be granted just that area that his house encroaches on even though he asked for much more (and lost) and cannot meet the requirement for the rest? on.

Have you hired an attorney to assist you with this matter?

If not, I suggest you do it tomorrow, if not sooner.

Adverse possession is a very unusual aspect of our legal system, stemming from common law.

It straddles law and equity, and often ends in less than desired results for the aggrieved party.

All I can say is anything is possible.

If you had a cancerous looking skin growth, you'd have sought medical care from a licensed physician by now.

Adverse possession isn't cancerous, but its end can be disastrous for you.

What you need is far too complex for a simple discussion site.

Please, for your sakes, talk to three or four attorneys tomorrow, then proceed by hiring one to represent your interests.

The more this is delayed, the more time you afford the transgressor.

 

[Adverse]

Have you forgotten our private conversation about this?

 

[Adverse]

I know this is really, really old, but, sometimes people who stumble onto stuff like to know how things turned out. Maybe they have something similar going on.

So, to refresh, I asked our attorney to seek a Summary Judgment. He said that was unlikely, but we got it, an order that our encroaching neighbor remove his house from our property (because the requirements for adverse possession had never been met).

In our county, that means he would have to remove the encroachment, plus a 10-foot setback, which would render his house useless.

Since we believe in doing what is right, for now and forever, we did not let that go into affect because we did not litigate the remaining counts, counts determining monetary damages.

So, the neighbor agree to the settlement we proposed at the beginning, 7 years earlier, that we deeded the actual part of our property his house sat on, and granted a maintenance easement around it, something that our attorney had had surveyed and presented years earlier.

The neighbor then got a $200,000 loan on his house!

The settlement agreement also included a non-disparagement clause, and the last time the neighbor badmouthed me, I asked him if he wanted the revisit the settlement. he has not said a word since.