Posted on 11/12/2007 6:44:32 PM PST by beaversmom
Edited on 11/15/2007 7:42:04 PM PST by Admin Moderator. [history]
There are such laws in Texas too. Does this mean that illegal border crossers can claim your land for Mexico?
Good point.
bump
How can you prevent someone from using your property if you don't know they're using it, your other neighbors don't see them using it, and the land itself does not show use? That property was closely monitored, other neighbors testified that no one used the property on any open, continuous, exclusive, adverse or notorious basis.
Judge Klein ignored that testimony and ruled M/S had more "attachment" to the land than the people paying taxes and HOA fees on it. When the Kirlins tried to put up a fence to stop any claim of adverse possession, which was well within their rights to do so, an emergency restraining order signed by Judge Morris Sandstead at 5:20 p.m. on a Friday stopped them...after the court was closed.
There was a path that Edie Stevens testified was there the whole 18 years, but the satellite maps as recent as one year ago show there were no paths at all, anywhere.
A satellite picture is worth a thousand lies.
We went over this and you're back at the beginning denying the facts of the case, which are that McLean's neighbors testified he used the land and some thought it was his. The Kirlins had no such witnesses.
"How can you prevent someone from using your property if you don't know they're using it"
the Kirlins testified they never checked. That testimony is noted in the court ruling.
"the land itself does not show use?"
BS.
"satellite maps as recent as one year ago show there were no paths at all, anywhere."
Pics that aren't posted don't exist. Besides that, Kirlin's images that are posted were taken to keep the evidence of use mostly out of the pics. Additionally the lawyer the Kirlin's reportedly paid $100K for sucked.
"an emergency restraining order signed by Judge Morris Sandstead at 5:20 p.m. on a Friday stopped them...after the court was closed."
Judges are always available to anyone for these sort of injunctions.
I dont see what the problem is you dont really own land anyway. You lease it from the state.
The Kirlins want the mediation records open to the public. McLean/Stevens don't. McLean/Stevens are allegedly seeking a "deal."
http://dailycamera.com/news/Ongoing-Coverage/adversepossession/
As for McLean/Steven's witnesses, they could have just lied through their teeth in Court. One of the witnesses was Tad Kline. Tad Kline works at KGNU, who interviewed McLean/Stevens and their unbelievable statements in an attempt to spin victimhood their way.
Consider the fact that the Kirlins filed for a building permit and got HOA approval which definitely shows, at least to the average person/juror, that they intended to protect their land and were prevented by court order to do so.
Maybe you can explain on what basis did Judge Morris Sandstead sign that emergency order on a Friday afternoon after the Court closed.
What are the chances that you and me go down to the Courthouse on a Friday afternoon at five minutes to five and get a restraining order on a neighbor, on the spot? I don't know about your State, but they're not that helpful in my State.
As far as I know, building permits are NOT issued to people who don’t own the property they’re trying to build something on.
Tad Kline is a former City Council member.
Tad Kline endorsed Clair Levy.
Clair Levy supports McLean and Stevens.
MORE CONNECTIONS TO KGNU AND MCLEAN/STEVENS:
One of the KGNU reporters, Tad Kline, testified on behalf of the M/S. If you google Tad Kline with KGNU, an article comes up about him interviewing Dick McLean in Feb '06 regarding RTD stuff. It obviously makes me question their objectivity with Dick/Edie and seems to explain why the Kirlins weren't invited on this morning (Dec. 17) for the KGNU show.
Thanks for the update. I haven’t had to the time to follow this as of late.
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