Posted on 03/08/2023 2:09:58 PM PST by nickcarraway
A man lost his more than $100,000 property in a Delaware beachside community after his neighbor claimed squatter’s rights during a court battle over the parcel.
Burton Banks was forced to transfer to Melissa Schrock the title of the undeveloped land he inherited from his late father due to the little-known adverse possession code in the Diamond State, according to the Delaware News Journal.
Banks reportedly wanted to sell part of the Ocean View property in 2021, worth about $125,000, when he discovered Schrock had had a goat pen on it for decades. She also used about two-thirds of the acre belonging to Banks for other purposes.
(Excerpt) Read more at nypost.com ...
In most states, if the owner has been paying property taxes every year, nobody can lay any type of claim to the land.
At least in California, a squatter cannot get granted adverse possession if the squatter hasn’t paid the property taxes for the 10 yr period
You actually read the story...
Fifteen years may as well be “in perpetuity,” for all intents and purposes.
Word to the wise: Always have a contract in writing when you let your neighbor use your property like this.
In Delaware it doesn’t matter if you were paying the taxes or there was questionable adverse possession, all it takes is a judge making a case for the claimant and you’ve lost the land to a scumbag who never paid for the land or had a deed to it. Been there.
It costs a fortune to fight it in court and appeal it so you lose money and your land is still stolen.
Nope...not even a consideration for adverse possession.
Melissa schlonged him.
I watched a shed being moved 5 ft...They winched it and got rid of one nasty encroachement. I’m surprised the Towwn lt you put a shed on line...most have say 3’ to 10’ setbacks.
I have a question: If he had gone to a lawyer first, when this started recently, could anything have been done?
I wonder if these same laws apply to building a small shack out on Federal land somewhere and after so many years without ever being discovered it becomes your property?
HAAAAAA!
california property taxes are a consideration....
In California, adverse possession occurs when a person who wants to claim someone else’s land must not only use it for at least five years, but they must also pay property taxes on it. Dimmick v Dimmick 58 Cal.
If you knowingly encroach...you're pretty stupid. Is the land yours?? Most towns require a survey to put up a structure...including fences.
Nope....this is a very typical happening.
We had a house built 5 feet over the lot line. The adjoiner and the Town had no sympathy...and they were 100% right....Tear it down...no C Of O and one big lawsuit.
You’re quite right as far as Ca goes. I shouldn’t speak so broadly...every state is different.
of course not... that is... uh... different! Right?
Sleep (or actually living) on the property is not a requirement in any state I am aware of - only the use of and/or “improvements” (that could include simply mowing a spot... or setting up a goat pen, apparently).
Yet the entire process enables the government to take form the landowner without compensation... unlawful taking is theft.
A pet wolf would solve the goat problem.
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