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To: beaversmom
Something similar is happening to one of my friends. One of his neighbors is mowing part of my friends property and has been told many times to stop. Neighbor refuses to quit mowing and threatens to take over the land. My friend went to the county sheriff to get the mowing stopped. The sheriff refuses to get involved. Friend starts to put up a fence with “no Trespassing” signs. That night, fence posts and signs are gone.
Neighbor is well known to carry concealed weapons. My friend received a summons to appear in court and neighbor is trying to take over land by Adverse Possession. My friend doesn’t have the money to pay an attorney. I believe there is a real danger of violence happening.

My friend is isn’t really able to afford an attorney.

68 posted on 11/15/2007 4:23:43 PM PST by seemoAR
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To: seemoAR

Perhaps the lazy sheriff who refused to act would testify that the complaint was made. I personally would file a theft report for stolen grass, but that’s just me.


71 posted on 11/15/2007 4:45:43 PM PST by passionfruit (When illegals become legal, even they won't do work American's won't do)
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To: seemoAR

Wow, horrible situation for your friend. It can make one’s life miserable to have people living next door that are a problem. I hope he can get it sorted out and it doesn’t come down to violence.


73 posted on 11/15/2007 5:18:56 PM PST by beaversmom
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To: seemoAR

” Friend starts to put up a fence with “no Trespassing” signs. That night, fence posts and signs are gone.”

Your friend should have called the Sheriff immediately and had the fellow arrested for theft...Have him put up another fence and have a camera running nearby...When the fence disappears he’s got it all on film to give to the sheriff..Maybe the Sheriff won’t stop the mowing but he darned well get involved if there is a theft.


97 posted on 11/17/2007 9:46:39 PM PST by billmor
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To: seemoAR
My friend received a summons to appear in court and neighbor is trying to take over land by Adverse Possession. My friend doesn’t have the money to pay an attorney.

If your friend received a summons, he'd probably be better off showing up (without a lawyer if he has to), than not show up! I'd be worried about letting the neighbor win by default.

I'm not a lawyer but I represented myself in an adverse possession case. It's not hard to research your own state's law on this topic, for free.

Here's just one example of what you can find from simply googling the search terms, "Arkansas," "adverse possession," and "years":

Arkansas: In Arkansas, the duration of such possession is seven (7) years for unimproved and unenclosed land held under color of title, and fifteen (15) years for wild and unimproved land held under color of title. Arkansas Code §16-56-105; 18-11-102-03; 18-60-212. --source

If the land is "wild" as you seem to describe it, your friend's neighbor would have to prove that he'd used your friend's land for 15 years without permission or objection from your friend (or previous owners of your friend's property).

However if the land is merely unimproved, the neighbor could claim it after only 7 years.

In either case, the neighbor would have to prove he'd used the land in a way that is "visible, notorious, distinct, exclusive, hostile, and with intent to hold against the true owner" (source, paragraph 2).

If your friend can prove that he objected to the neighbor's use of the land within the time limit, then he has a good case.

109 posted on 11/19/2007 10:29:49 AM PST by shhrubbery! (Max Boot: Joe Wilson has sold more whoppers than Burger King)
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