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To: passionfruit
Actually adverse3 possession is a well known term among anyone in real estate. It basically means that if you can move in on someone's land and openly live there for a number of years without that person taking legal action to remove you, you can sue in court to just take the land. In this case her family "assumed" they owned the wall, trimmed the grass along the wall, and did all the things the owner should have been doing in maintenance of the wall. It ain't right, but it is the law.
6 posted on 11/22/2007 12:31:09 PM PST by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: Blood of Tyrants
Adverse possession is pretty well known amongst non-lawyers in general. When I was studying for the bar, one of my friends was asking what I was studying, and when I explained adverse possession, he immediately understood, "Oh! Squatter's rights!"
8 posted on 11/22/2007 12:49:52 PM PST by jude24 (Quis custodiet ipsos custodes?)
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To: Blood of Tyrants

So, if I trim my grass on my property beside a neighbor’s fence—or fix a few rocks on my side, I can claim that his entire fence is mine? I’d like to know more about the evidence in this case. I’m not sure how a non-owner can prove notorious (including exclusive), hostile and continuous use of a rock wall which serves as a dividing line between properties. The public policy behind adverse possession is to ensure efficient use of land. I don’t understand how an ancient wall fits in here.

Also, given modern platting, how could a judge—who surely knows about official surveys, “mistake” the wall as hers? And, once finding out she’s wrong, what is the moral caliber of a Judge who grabs land under the law from her neighbor. In Zimbabwe, Mugabe utilizes the courts to grab land from white farmers. Just because it may be legal, doesn’t make it moral.

Regardless, it is unseemly in the least for a sitting judge to get involved in such a land grab when there surely existed objective evidence of property lines. Subjecting her neighbor to a process dominated by the judge’s own colleagues gives all sorts of appearances of impropriety.


9 posted on 11/22/2007 12:52:31 PM PST by Sue Bob
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To: Blood of Tyrants
I think if you want to be protected against this racket, you should at least post "no trespassing" signs on the edge of your property.

It's not just outright loss of ownership, either. If you allow someone to walk or drive across your land, after umpteen years they acquire a legal right of way there.

18 posted on 11/22/2007 1:20:20 PM PST by hellbender
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