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86-year-old WWII veteran being sued by country club over property
FOX 4 News ^ | April 23, 2014 | Melissa Stern

Posted on 04/24/2014 10:08:27 AM PDT by Tolerance Sucks Rocks

Edited on 04/24/2014 10:10:54 AM PDT by Admin Moderator. [history]

OVERLAND PARK, Kan.

(Excerpt) Read more at fox4kc.com ...


TOPICS: Business/Economy; Culture/Society; Government; News/Current Events; US: Kansas
KEYWORDS: countryclub; eattherich; lawsuit; overlandpark
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To: Rebelbase
I expect there are quite a few BLM storm troopers that attend this club. All Club members, especially vets, should resign in disgust.
21 posted on 04/24/2014 10:26:27 AM PDT by dblshot (I am John Galt.)
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To: GeronL

“I am not a paid journalist - plus jeering from the cheap seats is fun sometimes”

but it doesn’t add much (if any) value to the discussion.


22 posted on 04/24/2014 10:26:28 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Gaffer

I remember, a now dead, radio talk show host, who gave financial advice to callers, was involved in some property dispute of his own. Seems like, IIRC, a property he owned had some defect in the title about a property line or some such as this case.

He didn’t worry because he had title insurance in case things went wrong.

He found out that his insurance covered only the lender and not him, so he was out of luck.....................


23 posted on 04/24/2014 10:28:01 AM PDT by Red Badger (Soon there will be another American Civil War. Will make the first one seem like a Tea Party........)
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To: logic101.net

The cities don’t normally send out anyone. The buyer pays for a survey and the bank and title company will check for encroachments.

It depends when the garage was built. If before he purchased the property then title insurance may cover him. If it was built after then the permitting process should have covered it. The survey company may have liability.

Of course he may have just built the garage without permits.


24 posted on 04/24/2014 10:29:19 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: KarlInOhio

It doesn’t matter when the property was last sold, even a hundred years ago.

Defects in titles are more common in older titles because the property surveying techniques were only as good as the surveyor’s skill. They didn’t have GPS or lasers, only their surveyor’s scope and a flunky with a brightly colored stick................


25 posted on 04/24/2014 10:31:54 AM PDT by Red Badger (Soon there will be another American Civil War. Will make the first one seem like a Tea Party........)
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To: buffaloguy

“””Adverse possession should clear this up. The vet will win it.””””

Last year I did a job where the city turned a long abandoned alley into a bike path. Garages had to be torn down or modified, garden sheds were torn down, landscaping was moved etc. Homes had been there many years but the city made everyone move their stuff a few feet back as it had gradually encroached on city owned property. Not a good place to work as the homeowners were just a tad upset.


26 posted on 04/24/2014 10:32:57 AM PDT by shelterguy
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To: Tolerance Sucks Rocks

He’s a WWII Vet that is 86 years old? How old was he when he enlisted? That would put him between 11-17 during the course of the war. I’ve heard stories that some kids were as young as 16 so guess it’s possible, but he had to be near the end.


27 posted on 04/24/2014 10:38:36 AM PDT by Marko413
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To: KarlInOhio

Just a rabbit trail to the conversation:

Title companies took a huge hit in the foreclosure meltdown because in addition to title, they insured the loan package.

When a loan went belly up, the lender ran a flea comb through the entire file to find something to hang the insurer.

Erroneous appraisal data, falsified verifications, survey errors (there were a lot during the boom due to overworked, sloppy surveyors)

One question is did the homeowner build the garage after his property was insured? If so he’s SOL on the policy covering it.


28 posted on 04/24/2014 10:44:50 AM PDT by Rebelbase (Tagline: optional, printed after your name on post)
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To: Tolerance Sucks Rocks
...harassed by a well-known golf course

The back story: President Obama was playing on that course last month, and his ball struck the garage causing him to go over par on the 5'th hole. The president determined that the garage was in the wrong place, thus he didn't miss the shot due to any fault of his own. He asked the government to follow up and correct the situation.

just kidding.

29 posted on 04/24/2014 10:45:20 AM PDT by Cementjungle
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To: Marko413

My dad is 87 and served in navy for the final month of the war.

A year earlier he lied about his age and went through army boot camp before they discovered it and gave him an honorable discharge.


30 posted on 04/24/2014 10:46:38 AM PDT by Rebelbase (Tagline: optional, printed after your name on post)
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To: dblshot

Well, Oklahoma and Texas are in a dispute over land and the BLM has moved in to claim it. They better watch out or the BLM will claim this too.


31 posted on 04/24/2014 10:58:17 AM PDT by Gadsden1st
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To: driftdiver
Of course he may have just built the garage without permits.

I think the news video showed a copy of the permit and the dates signed, it was quick, but I think that was what was shown.

32 posted on 04/24/2014 11:01:48 AM PDT by IYAS9YAS (Has anyone seen my tagline? It was here yesterday. I seem to have misplaced it.)
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To: Rebelbase
$75,000 for 60 square fee? That’s $54.4 million per acre.

Bet the Johnson County Assessor will be happy to rectify his low-ball assessment of the country club value :)

33 posted on 04/24/2014 11:09:10 AM PDT by LSAggie
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To: IYAS9YAS

Are you implying I should read the article?


34 posted on 04/24/2014 11:13:54 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: GeronL

Not to mention that punctuation saves lives...


35 posted on 04/24/2014 11:15:07 AM PDT by Quality_Not_Quantity (Liars use facts when the truth doesn't suit their purposes.)
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To: Tolerance Sucks Rocks

Maybe it’s the *ssholes’ way of thanking him for not being raised speaking German/Japanese, or being shuffled off to concentration camps.


36 posted on 04/24/2014 11:16:50 AM PDT by Jack Hammer
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To: Joe Marine 76

A surveyor does not “approve” anything. We are hired to do a task and we do it. But if I had surveyed the property and he somehow got the gargage approved by the city, I would still make note that it appears to be an encroachment.
Too many people involved to blame the surveyor, “if” he did his job properly. Planning, engineering, architects, and more were surely involved too.


37 posted on 04/24/2014 11:18:44 AM PDT by enraged
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To: driftdiver
Are you implying I should read the article?

Well, it wouldn't be a bad idea, but also wouldn't help regarding the permit, as it was silent on it. But the permit is shown in the video, I went back and viewed it again. He's got a good case of adverse possession going here. He's been assessed on the improvements to "his" property, has paid taxes on it, and has maintained/improved it for more than 15 years (the garage is over 15 years old).

38 posted on 04/24/2014 11:25:23 AM PDT by IYAS9YAS (Has anyone seen my tagline? It was here yesterday. I seem to have misplaced it.)
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To: Tolerance Sucks Rocks
The garage was issued a building permit in 1998 and any problem with property boundaries should have been resolved then. However, errors in land surveys are not uncommon. My parents had their property surveyed many years ago and the lot lines of the original platting of the town and a subsequent survey in the 1960’s varied by more than twenty feet. Back when the land was originally platted..likely more than 100 years ago...survey techniques were crude by today's standards so it would not be surprising that a modern survey might show previous errors. From my zoning classes this would be a case for a grandfathered existing use.
39 posted on 04/24/2014 11:27:13 AM PDT by The Great RJ
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To: GeronL

Oh my GOD!!!!


40 posted on 04/24/2014 11:28:16 AM PDT by Osage Orange (I have strong feelings about gun control. If there's a gun around, I want to be controlling it.)
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