That’s exactly right: taking the law into your own hands is a bad idea, as shown in:
tumblindice v. Geronl (2014)
Justice Roy Bean Dice:
“The plaintiff testified that he saw an ugly booger hanging from his FRiend’s nose.
This court holds:
You can pick your nose,
and you can pick your friends.
But you cannot pick your FRiend’s nose.
Bailiff, whack his pee-pee!” (Gavel bangs)
Oh yeah, before I forget—for anyone having a real boundary line dispute—that statute I referenced requires that a person claiming land by adverse possession must, as well as showing all the essential elements, also pay taxes and assessments on the land being claimed.
You would think this would be problematic for the claimant, since the title owner ordinarily pays these things, but in my experience the requirement does not allow the title owner to take the claimant out on pre-trial motions and the matters were eventually heard on their merits; that is, the cases went to trial on their facts, the case law and statutes.
It’s best to try and work these matters out early and in an agreeable/amicable manner, if at all possible, since they quickly become heated, expensive and time-consuming.
But if there’s any doubt in your mind as to the period of time that has passed, ***see a good real estate lawyer, and pronto***. If the law is satisfied, the title passes to the claimant by operation of law.
OK, alrighty then. Is that ... what’s that hanging from your nose?
C’mere .....
lol
Thanks for the post