Posted on 12/24/2007 9:57:15 AM PST by george76
The Boulder couple who successfully sued for part of their neighbors' land mailed a letter this week to "those who have supported us," saying they hoped to restore peace in their neighborhood.
Richard McLean and Edith Stevens, plaintiffs in the controversial adverse-possession case against Don and Susie Kirlin, spelled out their side of the story in the four-page letter -- obtained by the Camera from a recipient who wished to remain anonymous.
"We still hope that we can reconcile our differences with the Kirlins and restore peace in our neighborhood and community," McLean and Stevens wrote.
Contacted at her home on Hardscrabble Drive, Stevens said the letter was meant as a private communication with friends. She objected to the Camera publishing its contents,citing the ongoing legal case.
The Kirlins say they plan to appeal a Boulder judge's October ruling that McLean and Stevens should be awarded about a third of one of the Kirlins' two vacant lots next door. McLean and Stevens used the legal doctrine of adverse possession to successfully claim they cared more for the land than its owners did.
Susie Kirlin said Saturday that she disagrees with nearly all the points made in the letter.
"This is obviously an attempt to justify taking their neighbors' land," Susie Kirlin said. "We obviously disagree with many, if not all, of their misrepresentations. The bottom line is they took something that didn't belong to them, got caught, and are now trying to justify their behavior."
Since the story became public, McLean and Stevens have become the targets of protesters and others who think the couple used their legal knowledge to steal a prime piece of real estate...
(Excerpt) Read more at rockymountainnews.com ...
What about common neglect! These people knew each other, they all were mistaken about where the property line was. If you buy a piece of property establish your property line. Simple common sense. These people had owned the lot for 23 years, it was 200 yards from where they lived. They bought thought the line was in a different spot.
I don't know why it is important enough to post here at all.
If this can be proved in court, shouldn't they lose their law licenses and judgeships?
The only arrogance and ignorance is on your part, the court has ruled, if you don't like it file an appeal. However given the points of the case I think the judge was correct.
So you’re in favor of stealing other people’s property? How much property have you stolen? That sort of “legal” theft has been tried around here, and did not end well for the would-be thieves.
I haven't read anything in the article about the property being condemned by the city because of the state it was in. I do remember reading that the owners did weed the property and maintained the fence.
These people knew each other, they all were mistaken about where the property line was.
If you have any familiarity with real estate, outside a court room, you would know that it is not uncommon to have some confusion about property lines. The ones who conveniently stole their neighbors property sure seemed to know what the lines were. They just didn't have the decency to talk to their neighbors about usage, or purchase.
Easy enough: pay for the property (at whatever your neighbors' value it), AND pay for all expenses your neighbors incurred defending it.
And no, I won't hold my breath waiting for it to happen...
That is the story.
Where did you get your degree in law???
One thing left out of McClean & Stevens' story is that they've honed their skills at land manipulation through the RTD and FasTracks Light Rail Eminent Domain procedures, which have been under study for over ten years.
Here's my take after digging through all of the stories and several other segues to others similar:
That should be what the Appeal Court determines. We shall see if Colorado still honors the Rule of Law.
Merry Christmas, and Best Wishes for a Happy New Year to the Kirlins and their supporters.
I think you can't see the forest because of all the trees around you.
This case illustrates how our legal system employs "justice" for the select few at the expense of the many. I'm not a lawyer, but if I remember correctly adverse possession can occur when the use by those seeking to take the property has been open and notorious for a specified number of years. If the people who stole the property were open about it, why didn't their neighbors who owned the property know about it?
Take it to court! A real simple process!
Fact: Statutory Law holds that you cannot profit from any result of your own intentional criminal act, of which Trespass is one.
Aha, maybe that's why they're saying now, they didn't trespass. So which is it? They railroaded the Kirlins into a corner and won their case, but now it seems the tables are turning on them.
They are truly reaping what they have sown.
Should I trust a crooked Judge?
We can only hope.
I hope they lose their ability to practice law.
What if you don't have the 6 figures to fight and the other party is a friend of those in the courthouse?
“Getting land by adverse possession has been around forever.”
I don’t care how long its been around. Its wrong, and these people are still lowlifes for stealing their neighbors land.
In their 70's and haven't developed any integrity, just the smarts to know how to steal. Sad.
I agree people should be held accountable.
I would venture to guess that they’ve been railroading people their entire careers, only this time, they got caught.
Read the letter...they blame everybody else but themselves.
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