Posted on 11/21/2007 8:13:56 PM PST by george76
A judiciary oversight committee has rejected a Boulder couple's request to investigate a neighboring couple who used an arcane legal loophole to take over their property.
The Colorado Supreme Court's Attorney Regulation Counsel rejected Don and Susie Kirlin's request to investigate ex-judge and former Boulder mayor Richard McLean and his lawyer wife Edith Stevens, who won a strip of their property on Hardscrabble Drive.
In a letter to the Kirlins, assistant regulation counsel Louise Culberson-Smith said that the McLean and Stevens' use of an "adverse possession claim" to win the land does not constitute a violation of the Rules of Professional Conduct.
McLean and Stevens won a third of a vacant lot that the Kirlins owned for more than 20 years, making it impossible for them to build a dream home they had planned for the site.
The legal doctrine of "adverse possession" lets someone who uses another's property for 18 years without an owner's objection ...
The Kirlins said that McLean and Stevens misused their knowledge of the law by trespassing on their property for years and then arguing that trespass gave them a right to the land.
"In my opinion that is not the way an attorney should use the law. The code of ethics says they will not use their knowledge of the law for personal gain over people that don't have that knowledge," Don Kirlin said Tuesday.
(Excerpt) Read more at denverpost.com ...
Don Kirlin said he doesn’t expect to appeal the decision of the Ethics Review Board, although he will appeal Klein’s ruling...
Sickening
life on the democrat plantation.
Wars have been started over crap like this.
I am sure they will be very good neighbors after this. McLean and Stevens = scumbags.
Adverse possession is a concept that should hardly be considered arcane. It appears in essentially the same form in each state, though the period of adverse possession required for title to pass varies from state to state.
I have read only this article on the subject - but from the way the paper phrased their use in this article - it would seem that all they gained by adverse possession was an easement to cross the property, not title to the property itself.
ex-judge and former Boulder mayor Richard McLean and his lawyer wife Edith Stevens...
Here is the earlier discussion :
http://www.freerepublic.com/focus/f-news/1925997/posts
ht to beaversmom
Time to drop off a double wide for rent to some college kids ?
Include a big stero...
He should atleast to have it on record. Or to cause a big stink where they have to return the land to him.
You obviously don’t know real estate law. If someone builds a fences across your property line and you do nothing about it for, oh! Let’s say 15 years.
They can legally claim that you’ve deeded your real rights to that land.
I know. We bought a house on fenced property which had an addition built on it in 1982. We still own the real property. But now the Home Owner Association, which owns the adjoining parcel, is concerned that the fence is inside their property line by 15 feet. Well gosh, it has been 25 years since that addition was approved and 35 years since the original fence was laid out and built, and no one, NO ONE, said a word when notified that an addition was going to be built.
We would have to tear down our family room and move our back fence. But the law about this is very clear. If the owner’s don’t kick the trespassers out after ten years, it belongs to the trespassers.
Too bad, so sad. IT IS THE LAW, folks.
“Time to drop off a double wide for rent to some college kids ?
Include a big ster[e]o...”
either that or fence in the remainder of the property after they first build the biggest little outhouse in Colorado—maybe put a huge ad on the roof, like ‘Here sits Colorado Justice ‘ or “Give me Liberty or Give me Colorado”...
Yeah but the dems love swat teams and the swat teams love the dems.. Waco.. Elian Gonzalez... Ruby Ridge...etc, etc,
You obviously don’t know anything about aerial photos. If the path you say was there for years but suddenly shows up is not on historical aerial photos, then you’re lying.
They’ve gained, or are about to gain, title.
Another judge in Boulder did this same thing a few years back, and got away with it.
This is what happens in a secular society.
“You obviously don’t know real estate law. If someone builds a fences across your property line and you do nothing about it for, oh! Let’s say 15 years.
They can legally claim that you’ve deeded your real rights to that land”
Yep, and that is why whenever you have a survey of your land you should always ask to have it show your house and adjoining appurtenances on the survey map..Have seen some very surprising results when that was done-property lines that cut through the house, garage, between house and garage and even showing the house was in two counties with the county line splitting the house; even saw a house situated between two States (NY and Pa)!.... Many surveys only show the boundary lines of the property and may note a right of way or easement and that would not reveal the problems...
Read my post. It has nothing - jack squat - to do with aerial photos.
This is important so take heed: if you own real property and someone is squatting on it, have them expelled IMMEDIATELY! Fence your land, post signs, but make it apparent that your land is not for anyone else’s use but your own.
Don’t let what happened in Colorado happen to you.
The real property laws in this country originated in England. These laws go back almost a century.
Sorry. But God has no interest in owning land. God is omnipotent, immortal, and exists outside of time. I believe he couldn’t care less about real estate, only about our responsible use of freedom.
Sorry, I meant to say “several centuries”.
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