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To: Bartholomew Roberts

> Adverse Possession

That was where I was going, at least in part.

My understanding is that judges don’t like to invoke it.

Also not sure it works with the public as suitor (as opposed to a private entity - e.g. I fenced in part of your yard 20 years ago and have maintained it and kept everyone out all those years with no objections from anyone).


27 posted on 09/12/2018 11:47:20 AM PDT by old-ager
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To: old-ager

I remember it because while I was taking RE classes, there was a case similar to my example above. A new business owner lost a case where he decided to hang a chain across the side of a parking lot.

People had been using his newly acquired lot to make a shortcut from one street to a business on the next parallel street.

He lost because it had been common practice to use his lot for that purpose for more than twenty years. There were bullards and a chain there but they were never used to disrupt the traffic flow in all those years.

Another example that was adjudicated at the same time was a long used walking path that cut a 45 degree angle across a field that was located on two perpendicular streets. The owner began construction on a wall that would force people to use the sidewalk around the lot.

Zoning people ruled that he could only build the wall if it was constructive to an additional development of the property. It could not be built simply to reroute foot traffic.

The property is now built out but I don’t know if there were additional motions or actions in that case.


33 posted on 09/12/2018 12:43:51 PM PDT by Bartholomew Roberts
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