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Man is forced to hand title for $125,000 parcel of Delaware land to neighbor who erected GOAT PEN on property, then successfully claimed squatter's rights
MAILONLINE ^ | 7 March 2023 | HARRIET ALEXANDER

Posted on 03/07/2023 12:49:22 AM PST by dennisw

Burton Banks, an Atlanta-based financial advisor, inherited from his father several plots of land in Ocean View, Delaware Banks wanted to sell part of the property in 2021, but learnt that his neighbor Melissa Schrock had been grazing her goats on the land

A judge last month ruled that Schrock had been on the property for more than 20 years and so had squatter's rights: Banks was forced to hand over the land

A judge in Delaware has ordered a businessman hand over a $125,000 parcel of land to his neighbor after she kept her goats on the land for over 20 years and claimed squatter's rights.

Burton Banks, an Atlanta-based financial advisor, inherited the uninhabited plot of land in Ocean View, Delaware, from his father Ralph.

In 2021 Banks and his husband David Barrett decided they wanted to sell the plot of land, which sits empty and undeveloped.

But he discovered that around two thirds of an acre was being used by his neighbor Melissa Schrock, who had erected a pen for her goats on the land.

'It's just always been my backyard since I was a little kid,' Schrock said.

(Excerpt) Read more at dailymail.co.uk ...


TOPICS: Business/Economy; Food; Gardening
KEYWORDS: communism
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To: Pontiac
Enforce your property rights or lose them.

Your property is your property. PERIOD.

It should not matter in the least how you’ve been using it or not. Your ownership of it is based on paying for it, not how you decide to use it.

And NOBODY should ever be allowed to encroach on it and steal it from you because they have been illegally using it for however many years.

Us having to defend out own property rights shows what a mockery our system of government that claims to be a nation of laws really is.

41 posted on 03/07/2023 4:32:46 AM PST by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith….)
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To: metmom
Go back and look at the posts on this thread where the history of "adverse possession" is explained. The legal principle is older than the United States of America.

It was the legal basis for the conquest and settlement of North America, for that matter.

42 posted on 03/07/2023 4:34:29 AM PST by Alberta's Child
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To: Mogger

NH has Adverse Possession...20 years...


43 posted on 03/07/2023 4:35:37 AM PST by Sacajaweau ( )
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To: Alberta's Child

A person’s personally owned property is not “common area” piece of land.


44 posted on 03/07/2023 4:36:14 AM PST by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith….)
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To: dennisw
More news the US media won't tell you about because they are big government propagandists.
45 posted on 03/07/2023 4:36:16 AM PST by Vision (Woke is communism and it has no place in America. Election Reform Now! Obama is an evildoer.)
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To: HamiltonJay

Nope...all you have to do is prove occupation.


46 posted on 03/07/2023 4:37:33 AM PST by Sacajaweau ( )
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To: Mogger
New Hampshire doesn't have squatters rights.

Thank God.

Squatters rights is just an excuse to allow people to steal someone else’s property.

However, for all the acreage we own, we make the rounds on it several times a year. I cannot fathom not knowing what has been going on on your own property for that many years.

Know where your property markers/surveying stakes are and keep an eye on them.

47 posted on 03/07/2023 4:39:28 AM PST by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith….)
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To: dennisw

Adverse possession in NC means the “squatter” must be using the property openly for at least 20 years. If the actual owner tells them to get off the property, the clock on the 20 years starts all over.


48 posted on 03/07/2023 4:48:18 AM PST by moovova ("The NEXT election is the most important election of our lifetimes!“ LOL...)
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To: Pontiac

Ummmm - who was paying the property taxes? Pretty sad when someone can move in and become the new “owners”...


49 posted on 03/07/2023 4:50:16 AM PST by trebb (So many fools - so little time...)
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To: dennisw

I believe Colorado is 7 years and a squatter can claim rights to someone else’s land. In other words, regardless of the State, protecting land from squatting is important.


50 posted on 03/07/2023 4:50:37 AM PST by CodeToad (No Arm up! They have!)
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To: metmom

NH does have Adverse Possession...20 years.


51 posted on 03/07/2023 4:54:08 AM PST by Sacajaweau ( )
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To: moovova
Notice should be given in writing. And should be answered. Posting and photographing also works.

Surveyor's know the rules.

52 posted on 03/07/2023 4:56:25 AM PST by Sacajaweau ( )
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To: BobL

You’re correct. Emotional posts don’t override long time settled laws. Banks chose not to protect his property and lost.

A couple years ago my neighbor erected a privacy fence 6-8 inches inside his property line. It was all amicable. He just wanted a privacy fence. In fact, he and I worked together to remove the old chain link. As a result, my yard is now a few inches deeper. I’ve thought about the adverse possession thing at at some point, that couple hundred square feet become my land.

Big fat hairy deal. But, the privacy fence is a little bit harder to mow around than the chain link so there’s a trade off.


53 posted on 03/07/2023 4:58:08 AM PST by cyclotic
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To: Alberta's Child

I’m sure it has legal standing for a long time because people have been wanting to steal land for a long time.

It may be legal, but that doesn’t make it right.


54 posted on 03/07/2023 5:03:08 AM PST by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith….)
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To: spincaster

banks if he can’t get the land back through the court should sue her for 20 years of taxes paid on the land along with interest for the money paid out and legal fees. my guess is that the taxes at this point and interest are more than the value of the property.


55 posted on 03/07/2023 5:07:53 AM PST by PCPOET7 (`)
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To: BobL

This will likely be challenged and go to the State Supreme Court.
The article is lacking some vital information and background.

Delaware code is written with a pretty high standard of proof, to prevent this type of thing. To be able to claim adverse possession, several levels of proof must be met and proven, beyond the 20 years of occupation.

The claims must prove that the ownership was “open, notorious and hostile.”

If the “Owner” did nothing to protect his lands...; even something as simple as placing No Trespassing Signs, would have helped his claim. If he made no attempts to run the other person off “His” lands..., even again, something as simple as a conversation; “you do know that your goat pen is on my property, right!?!?”, would have protected his claim.

More drastic measures notwithstanding, there are many things that would have protected him. Likely the judge took this as a forfeiture of the ground.
But as I stated, this will be challenged.

In 18 years of being a Professional Land Surveyor, and nearly the same working for the DOT, 11 of which and currently, I do Right-of-Way research, I have only seen one or two other cases where an Adverse Possession claim was allowed, by the courts.

I am very curious and want to know more. Very likely, this will be a topic for the water cooler, today in the office.


56 posted on 03/07/2023 5:09:17 AM PST by Delmarksman (Integrity is like Virginity, once you give it away, it's gone forever.)
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To: HamiltonJay

Yes, and the occupation has to be out in the open for all to see.

There are quite a few requirements that must be in place for an AP case.


57 posted on 03/07/2023 5:10:15 AM PST by Rural_Michigan
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To: metmom
The phrase "common area" is a legal term in a homeowners association (HOA) to describe parcels of property that are not included in the title of any individual home in the development.

In an HOA, a common area would typically be a landscaped area along the edge of the development, a pond or creek, or even a golf course if it is owned and managed by the HOA.

58 posted on 03/07/2023 5:14:19 AM PST by Alberta's Child
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To: Delmarksman

Edit after rereading the post, it was a Superior Court Judge who made the determination, and Banks does not plan to appeal.


59 posted on 03/07/2023 5:15:40 AM PST by Delmarksman (Integrity is like Virginity, once you give it away, it's gone forever.)
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To: dennisw

A classic case of adverse possession.


60 posted on 03/07/2023 5:16:12 AM PST by SgtHooper (If you remember the 60's, YOU WEREN'T THERE!)
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