1. Styleforum Gives - Holiday Charity Auction 9: A MTM nylon MA-1 bomber from Falcon Garments

    We are very proud to present this year's edition of the Styleforum Holiday Charity Auctions, this year in support of the Ronald McDonald House Charities of Spokane (www.rmhcspokane.org). Each Auction lasts 24 hours. Please follow and bid on all the auctions.

    The 6th auction of the year is for a nylon MA-1 from Falcon garments. Please bid often and generously here

    Fok and the Styleforum Team.

    Dismiss Notice
Dismiss Notice

STYLE. COMMUNITY. GREAT CLOTHING.

Bored of counting likes on social networks? At Styleforum, you’ll find rousing discussions that go beyond strings of emojis.

Click Here to join Styleforum's thousands of style enthusiasts today!

The Home Ownership Thread

Discussion in 'Fine Living, Home, Design & Auto' started by Douglas, Jan 31, 2012.

Tags:
  1. Piobaire

    Piobaire Not left of center?

    Messages:
    50,905
    Likes Received:
    14,032
    Joined:
    Dec 5, 2006
    Location:
    In My Douchemobile
    

    That's likely all it will mean. They probably could not start new construction so close to the property line but the ship has sailed on any setback for the current house.
     


  2. Ataturk

    Ataturk Stylish Dinosaur

    Messages:
    11,948
    Likes Received:
    1,834
    Joined:
    Apr 18, 2008
    It means you have a deed showing a bigger lot than you thought. The neighbors are probably going to argue that they own it through adverse possession (google it). The question everyone asks in these situations is: is there a fence?

    This post is not legal advice. You should get a lawyer.
     


  3. Piobaire

    Piobaire Not left of center?

    Messages:
    50,905
    Likes Received:
    14,032
    Joined:
    Dec 5, 2006
    Location:
    In My Douchemobile
    

    What would the other folks own though as TJ says the other house comes close to but doesn't hit the other lot. TJ, is there a driveway for the other house or something?

    Isn't this that case of easement where a common owner severs lots?
     


  4. texas_jack

    texas_jack Stylish Dinosaur

    Messages:
    10,272
    Likes Received:
    486
    Joined:
    Aug 4, 2006
    Location:
    Hobart, IN
    There is no fence and no landscaping other than mowing that I can see. Question is, who has been mowing it? I guess when I move in I'll start mowing it just to let them know. If they want to get all legal on me I'll let them but I won't pursue it initially.
     


  5. texas_jack

    texas_jack Stylish Dinosaur

    Messages:
    10,272
    Likes Received:
    486
    Joined:
    Aug 4, 2006
    Location:
    Hobart, IN
    

    I don't think there is anything on this part of the land other than grass and trees but I'm going to drive by tonight to get a better idea.

    I don't know what this means, " easement where a common owner severs lots"
     


  6. VaderDave

    VaderDave Distinguished Member

    Messages:
    2,083
    Likes Received:
    1,007
    Joined:
    May 18, 2010
    

    You ought to at least let them know the situation. If it was common-family ownership in the past the possession wouldn't have been adverse, it would have been permissive. The adverse possession would start once you know that they're using your land and you object to it. That's when you'd need to decide what you want to do about it.

    You don't need to be confrontational about it. You could just nicely let them know that you are the actual owner of the lot space and that you don't have a problem with them using it, but that at some point that might change. That would preserve your rights for the future.
     


  7. Piobaire

    Piobaire Not left of center?

    Messages:
    50,905
    Likes Received:
    14,032
    Joined:
    Dec 5, 2006
    Location:
    In My Douchemobile
    I am not a lawyer to really, really take anything I have to say with a grain of salt.

    To my knowledge there is an "easement by prior use" but I'm not sure if it has anything to do with your situation. It's where a common owner severs two lots and one lot needs to use part of the other lot. The classic is two lots are created and one lot is land locked in regards to access. The only way the landlocked lot can get to public access is over the other lot. The logic is it was the original common owner meant to allow this necessary and beneficial access to the land locked lot.

    As you say it's just empty ground not sure there's any type of easement to talk about there. If they start to build another structure that close to your lot line, or extend an addition over it, I'd get on that right away though.
     


  8. texas_jack

    texas_jack Stylish Dinosaur

    Messages:
    10,272
    Likes Received:
    486
    Joined:
    Aug 4, 2006
    Location:
    Hobart, IN
    

    Yeah, I'm not going to be mean nor do I have any intention of building anything there (though I might want to cut a tree).

    I suspect the main thing they will be unhappy about is when they want to move and can't claim the space next to their house as their own.
     


  9. Ataturk

    Ataturk Stylish Dinosaur

    Messages:
    11,948
    Likes Received:
    1,834
    Joined:
    Apr 18, 2008
    He's saying you need to be clear that you're giving them permission to use your land, so they can't claim "adverse" possession of it.

    These rules vary from state to state; you really should consult a lawyer about your situation. Otherwise all you might get out of this is to pay the property taxes on the land...
     


  10. Ataturk

    Ataturk Stylish Dinosaur

    Messages:
    11,948
    Likes Received:
    1,834
    Joined:
    Apr 18, 2008
    

    I think you're thinking of what we'd call an easement by necessity, which doesn't really have any application to land line disputes unless it completely cuts off access to one of the lots.
     


  11. otc

    otc Stylish Dinosaur

    Messages:
    15,234
    Likes Received:
    4,816
    Joined:
    Aug 15, 2008
    How long have the neighbors lived there?

    If they haven't been there for the adverse possession timespan, then they can't make that claim. They don't inherit those rights when they buy the property.

    I think the real question would revolve around exclusive use. If its basically a yard, and owners of both property have enjoyed looking at it, letting their dog/cat play in it, and occasionally wandered through it, then the neighbors have not been holding the land at the exclusion of the previous owner and thus can't claim adverse possession.

    Will probably come down to some rule on surveying errors and grandfathered property lines...
     


  12. Ataturk

    Ataturk Stylish Dinosaur

    Messages:
    11,948
    Likes Received:
    1,834
    Joined:
    Apr 18, 2008
    

    I don't know whether that's true in his state or yours, but it's definitely not true in mine. The concept is called "tacking" and can be employed in circumstances where possession between the prior neighbors and their successors is continuous.
     
    Last edited: Jul 1, 2013


  13. otc

    otc Stylish Dinosaur

    Messages:
    15,234
    Likes Received:
    4,816
    Joined:
    Aug 15, 2008
    

    Only if they deeded that piece of property (even erroneously). If they just bought the house and it was never specified that it included that land...I don't think you can tack on the claim. There has to be something in writing showing the change in possession of the property in question.
     


  14. Ataturk

    Ataturk Stylish Dinosaur

    Messages:
    11,948
    Likes Received:
    1,834
    Joined:
    Apr 18, 2008
    

    Not true in my state if it's a true tacking claim, only if someone purports to transfer adversely possessed property without continuous possession. Like, for example, if I sell you my house and you move in and occupy the fenced in back yard (that I didn't own but had occupied), you can tack your claim to mine. If I sell you my house after my neighbor knocks down the fence and reoccupies the back yard, you can't make a tacking claim based on continuity of possession (even if I had occupied the yard for the statutory period) and you would need color of title from me to assert my adverse possession claim.

    I'd like to emphasize again that this isn't legal advice and that these rules vary from state to state.
     
    Last edited: Jul 1, 2013


  15. texas_jack

    texas_jack Stylish Dinosaur

    Messages:
    10,272
    Likes Received:
    486
    Joined:
    Aug 4, 2006
    Location:
    Hobart, IN
    I think it's probably all moot because we contacted the seller and he said he mows the area in dispute and that the neighbors know it's not theirs.
     


Share This Page

Styleforum is proudly sponsored by