Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: beaversmom

If you use the property in a manner that is open and notorious and continuous for the statutory period.....bingo, it’s yours. Tried one of these in East Texas once and won it. Bordered Toledo Bend Lake. Fun case.


6 posted on 11/15/2007 7:22:37 PM PST by shankbear (Al-Qaeda grew while Monica blew)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: shankbear
"If you use the property in a manner that is open and notorious and continuous for the statutory period....."

But they didn't; the aerial photos prove that they didn't. The case will be overturned.

15 posted on 11/15/2007 7:29:30 PM PST by editor-surveyor (Turning the general election into a second Democrat primary is not a winning strategy.)
[ Post Reply | Private Reply | To 6 | View Replies ]

To: shankbear

Thats right. Goes back to Common Law. In CA I think it is 10 years.


17 posted on 11/15/2007 7:31:50 PM PST by attiladhun2 (Islam is a despotism so vile that it would warm the heart of Orwell's Big Brother)
[ Post Reply | Private Reply | To 6 | View Replies ]

To: shankbear
Best way to avoid this sort of problem is to make sure upon acquiring a piece of land that you go to each and every neighbor (of adjoining or nearby properties) and tell them they have your permission to cross your land without hindrance "until you rescind that permission".

That way any "possession" or "use" of your property by those folks never becomes an "adverse possession".

Get it in writing too ~ file it with your deed down at the courthouse.

Alternatively you can put in a barrier, but folks have done so and lost in court. Giving permission and proving it has never lost ~

A variation is to get them agree to pay rent for crossing your land.

21 posted on 11/15/2007 7:40:32 PM PST by muawiyah
[ Post Reply | Private Reply | To 6 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson