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Homeowners Who’ve Lived In Home For Yrs Told Their Yards Are Too Big So Their Property Will Be Reduced
Home Hacks ^ | 6/22/2921 | D.G.Sciortino

Posted on 06/29/2021 2:45:05 PM PDT by Whyfor

Imagine purchasing a home and living in it and paying taxes on that home and property for decades. Then being told part of that property you paid taxes on is in violation and must be being taken away without compensation. Not only that, you’re responsible for footing the cost of removing the stuff you have on that land, like your fence or shed. Oh, and it has to be done in a few months time.

(Excerpt) Read more at homehacks.co ...


TOPICS:
KEYWORDS: bloggers; fence; notice; taking; takingsclause; trail; yrs
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To: Robert DeLong

No adverse possession against a municipality.


21 posted on 06/29/2021 3:47:08 PM PDT by Sacajaweau
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To: cgbg

“...it is a type of eminent domain...for a stupid trail..”
_________________________________

Disclosure: Not a lawyer.

The article seems very misleading. I picked up that the landowners themselves may have over-reached over the decades unto public land.

It’s done, all the time, without notice until a hiccup occurs or a neighbor gets fed up with another neighbor encroaching upon his property.

I would like to see all the discovery paperwork......as it comes out, without the screaming headlines.


22 posted on 06/29/2021 3:49:30 PM PDT by Notthereyet (We're so angry we can spit pea pellets at a tree and drill the dang tree. )
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To: Flick Lives

“Usual click-bait headline which is totally misleading. They built beyond their property line boundary. But I guess the article would sound less exciting if it said, “Residents told to remove structures from land which they don’t own”.”

Thanks, I figured as much. If they don’t know their own property lines (and/or choose to ignore them), it’s not the city’s (or whoever’s) fault.


23 posted on 06/29/2021 3:51:25 PM PDT by BobL (I shop at Walmart and eat at McDonald's, I just don't tell anyone, like most here.)
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To: Flick Lives

That’s a lot of encroachment.

They should remove the stuff at their own expense.


24 posted on 06/29/2021 4:41:14 PM PDT by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith……)
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To: BobL

Judging from some of the shots in the video, it appears to be old railway bed, which means it may not be city property.

Depends on whether the railway sold any or all of it to the original homeowners or developer back when the lots were first developed (which was probably 70 years ago).

I wouldn’t be trusting the city or it’s employees claims. Hire a title company to fully research the development and it’s original documentation and get your own survey done.

Turning defunct railbeds into walking and biking paths is a popular way for cities to suck up federal funds these days.


25 posted on 06/29/2021 4:42:32 PM PDT by Valpal1
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To: Bell Bouy II
Sounds to me like these folks butted up against land they didnt own and thought nothing would ever become of it. They expanded their yards/lot into this area and never thought about the usage changing.

People do this all the time, and frequently get away with it like this couple did for 40 years. Folks that buy property that abuts National Forest land sometimes think they have the right to deny people access to that land, like it's their own private forest.

26 posted on 06/29/2021 4:45:16 PM PDT by ETCM
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To: ConservativeInPA

I’ve said many times.

If you think you own your property, stop paying the property tax, and see how long you get to keep it.

We’re all just renting from the government.


27 posted on 06/29/2021 4:47:29 PM PDT by Jotmo (Whoever said, "The pen is mightier than the sword." has clearly never been stabbed to death.)
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To: Whyfor
This is know as a “Prescriptive Easement”.

State laws pertaining to such determine if they could keep the land, and usually a time frame establishes that the original owner has lost the use of the land. This may or may not transfer with the sale of the grabber's property though.

28 posted on 06/29/2021 5:12:08 PM PDT by 1FreeAmerican
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To: Whyfor

Imagine being cheated out of your hard-earned property, losing your mind, and killing the shyt outta the leftists who orchestrated the theft.

...and then enjoying some ice cream.


29 posted on 06/29/2021 5:21:41 PM PDT by rockrr ( Everything is different now...)
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To: Whyfor
I don't have a lot of sympathy for the home owners. A person buys a piece of raw land or land that already has a home on it, it doesn't matter. A person lives on the property for 40 years or 4 months, it doesn't matter. The owner has the responsibility to know where their property lines are.

A small number of states have property laws such that an owner can actually loose title to a property if they do not defend it from incursion. IIRC, two states in this category are (or were) Colorado and Texas.

For example, a neighbor builds a fence that is several feet on your side of the property line. If the owner does not evict the fence from the trespass then the owner can legally loose title to the strip of land.

Another situation I read on involved a homeowner that had several acres of undeveloped raw land towards the back of the parcel. A neighbor (husband and wife lawyers) conspired to acquire title to the undeveloped land by establishing some hiking paths through the undeveloped land. I forgot the details but the plan unraveled during court proceedings and the lawyer-neighbors failed in acquiring title.

30 posted on 06/29/2021 5:34:08 PM PDT by Hootowl99
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To: Whyfor

Sadly, you never own your land. We don’t have allodial titles in the USA as property taxes are indeed Constitutional but some folks have made and argument they aren’t. But property ownership used to be required to vote. No longer the case. The guy down on the corner asking for money to eat when he never tries to get a job has as much weight in his vote as those who pays thousands a year in property taxes. As I keep stating, the Republic is loooooonngggg dead. I hope to see it restored one day.

https://foundationfortruthinlaw.org/property-taxes.html


31 posted on 06/29/2021 6:07:14 PM PDT by LuciusDomitiusAutelian (netstat -an | grep BS)
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To: LuciusDomitiusAutelian

If they paid taxes on that property for forty years, they own it. The “community and stakeholders” can go pound sand. Sue the bastards for everything you can get.


32 posted on 06/29/2021 6:29:09 PM PDT by Jkazak54
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To: Flick Lives

“A letter they got in early May told them their backyard is 21-feet over the property line and that they need to remove their fence, shed, and other items that are over the line by July 31.

Usual click-bait headline which is totally misleading. They built beyond their property line boundary. But I guess the article would sound less exciting if it said, “Residents told to remove structures from land which they don’t own”. “

You wrote what I was going to post. Thanks.


33 posted on 06/29/2021 7:27:55 PM PDT by plain talk
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To: Whyfor

At my age...gun’s would be involved


34 posted on 06/29/2021 7:36:03 PM PDT by Osage Orange (DRT)
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To: Jkazak54

Where do you get the 40 years from? Just curious. Is that a state law? Or is that a federal law? I have a serious vested interest in knowing the answer. Thanks in advance.


35 posted on 06/29/2021 7:58:10 PM PDT by LuciusDomitiusAutelian (netstat -an | grep BS)
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To: Hootowl99

I remember that case but never heard how it came out. While I was paying attention, Google earth was being suggested to prove the path wasn’t old enough to establish adverse possession.


36 posted on 06/29/2021 8:58:32 PM PDT by Whyfor
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To: Whyfor

My first post. It seemed to go well with lots of on topic and thoughtful comments. Thanks guys.


37 posted on 06/29/2021 9:01:41 PM PDT by Whyfor
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To: Whyfor

Welcome to the Homeless of Commiefornia!
They’re going to take your place!
Cuz you’re a member of the white race!


38 posted on 06/29/2021 9:16:38 PM PDT by The MAGA-Deplorian (Democrats are lawless because Republicans are ball-less)
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To: The MAGA-Deplorian

Your tagline is so true.


39 posted on 06/29/2021 10:03:13 PM PDT by Whyfor
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To: Sacajaweau
Limits on Adverse Possession

Adverse possession is not available in all situations. For example, title to government-owned land may not be obtained by adverse possession.

I know a friend in Spotsylvania County, Virginia that did that, and the county gave him the property in question.

40 posted on 06/30/2021 4:07:20 AM PDT by Robert DeLong
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