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 ...
Banks took her to court to try and reclaim the land, but Schrock claimed squatter’s rights.
Explaining her counter-claim, Schrock said: ‘It’s just always been my backyard since i was a kid.’
Superior Court Judge Craig Karsnitz ruled in February in Schrock’s favor, noting that Banks lived primarily in Atlanta and ‘only occasionally’ came to the Delaware site.
Karsnitz felt Schrock met the threshold in proving her 20-year occupation, Delaware Online reported.
If a resident can prove they’ve occupied a plot for 20 years, they can claim ownership, which Schrock did successfully.
Another neighbor’s plot also encroached on Banks’ property. That unnamed resident agreed to move animal enclosures they’d set up - but because Schrock refused, Banks was ultimately unable to regain control of his family’s property.
Because Banks and his husband live in Atlanta and visit Delaware only occasionally, it made it harder for them to prove that Schrock hadn’t been openly using their land for the last 20 years.
Unfortunately he learns that he did and does not really own his own land, the county or municipality owns it. All he had was a mere Color of Title.
Now, if he had an Allodial title, he would be sovereign over his land, and anybody thinking otherwise could be told to pound sand.
Enforce your property rights or lose them.
George Washington after leaving the Presidency travelled hundreds of miles on horseback to kick squatters off of his lands in Pennsylvania.
If Banks has been paying taxes on that land it’s his and i would be going to another court . Squatters rights my @SS!
I would like to see a 20 year goat-squatter pull this off on any of Bill Gate’s farmland.
In AZ it’s called Adverse Possession, and the time period is ten years.
My neighboring property owner had an old survey which erroneously showed my driveway on his lot.
He had never noticed until he was selling the lot.
He checked my property records and found I bought my place 9 years and 10 months prior, so he thought he was in the clear in terms of AP.
What he didn’t know was I leased with an option to buy for several months before buying, so the AP clock started 8 months earlier than he thought.
He got mad and chased off his lawyer.
That was 20 years ago, I still have my driveway.
If the original landowner is paying the taxes, how does squatter’s rights even come into it, as it is not abandoned land? Sounds like some land reform needs to be done.
If Banks had a real title to this land, he would not owe taxes on it.
Weird you can just steal someone’s land like that.
Throw a few nannies over Brandon’s new security fence? Mine.
Don’t cry for Banks yet. Doesn’t sound as if he’s pulled his LGBT card.
Who paid the property taxes?
Who paid the personal injury, fire, and environmental insurance premiums?
Did the goats damage the property? Urine? Feces? Bacteria, viruses, goat medical waste? Did they eat little seedlings that will never grow up to be shade trees?
I would be thinking up new lawsuits 24-7 if that was property my Dad gave me.
I swear officer, I haven’t seen that squatter for years now. Why is there an acid spot?
Acid rain, officer.
what kind of stupid comment is that?
What are you, nuts? Don’t post stuff like that on this site
“Now, if he had an Allodial title, he would be sovereign over his land, and anybody thinking otherwise could be told to pound sand.”
Nope. His neighbor had occu0ation. He gave it up.
British common law is criminal in and of itself.
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