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To: seemoAR
The lawyer brought up the tax issue. He said it does make a difference.

Well, I'm not a lawyer. (So take this FWIW.) But I do know the concept of "adverse possession" pretty well, and I'm wondering if your friend's lawyer does? Has he handled similar cases before?

I know it seems perverse, but if the neighbor has NOT paid taxes on your friend's property, that fact would actually bolster the neighbor's legal claim of "adverse" and "hostile" taking of someone else's property.

You see, the neighbor has to KNOW that he's using someone else's property, to make it "adverse" under the law!

If the neighbor had paid taxes on it, then it would look like he was merely making a mistake -- and he wouldn't have an "adverse" claim.

Amyway, I know that sounds convoluted, but that's the way the legal doctrine works. Maybe your friend should get a second opinion from a different lawyer.

114 posted on 11/20/2007 11:26:31 AM PST by shhrubbery! (Max Boot: Joe Wilson has sold more whoppers than Burger King)
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To: shhrubbery!
Lack of money is one of the main problem my friend is facing. Besides, he hasn’t done any thing wrong. Why should the law allow someone to steal land?. Why should my friend have to spend money to keep what he has?. The law will not help. The only people who will make money out of this mess in the lawyers.
115 posted on 11/20/2007 12:53:43 PM PST by seemoAR
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To: shhrubbery!
But I do know the concept of "adverse possession" pretty well, and I'm wondering if your friend's lawyer does?

The law on this differs from state to state. In DC, in order to prevail on adverse possession against the titled owner of unimproved land you must either have paid the taxes for 15 years or have enclosed the property for 15 years, in addition to the hostile open continuous notorious stuff.

126 posted on 12/05/2007 4:54:44 PM PST by AndyJackson
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