We had a neighbor up north in Wisconsin. He started mowing parts of outer property. I was aware of this law. So I when to he door and politely introduced myself and I asked him not to mow or dump yard waste on our property. He seemed good about it. Until the next time I came back. I called the county, got a map of my lot. Got a mettle detector, found the boundary stakes. I actually found he was mowing a large section of my property. I pounded a a large metal stake painted bright orange so he knew. He was pissed. However, I did not want him to make a claim down the road on adverse possession. P.S. I also found out that the golf course this land butted up to had also encroached approx. 10 yards into my property across the back. I called the grounds keeping crew to advise them at they moved there out of bounds markers out.

@Cotronixco

3 жыл бұрын

The best thing you could have done in this case was to write up a note stating that you were giving permission to your neighbor to mow that area.

Hypothetical situation. You own a rural acreage home with a wooded or densely vegetated native landscape inside the perimeter on one side. The property line on that side is on the far side of a small stream and woods and is closer to the neighbor's house than yours and is not fully visible from your home. You have seen your neighbors on your land a few times but nothing that suggests occupation or possession -- just surreptitious wandering and exploring. But you also saw them studying your property lines along that property line as well as your road frontage several times and they had a 3rd party walking along the property line on their side and even looking into your back yard where an easement is located that allows the local government access to a storm drain. You have two years left before the statue of limitation is reached if these neighbors were to tack on to the previous owners next door. They acted in a hostile manner toward you when you were on you property in this area, allowing their dog to aggress towards you but inside their land. You have marked the property line with a surveyor and put up a fence where terrain and easements allow. You have entered the area frequently and took selfies of yourself in this area. The neighbor has installed an invisible fence for their dog which appears to be inside their side of the property boundary which should show intent on their part to not possess adjacent land beyond the property line. You also placed Private Property No trespassing signs on the fence facing their home. You previously found buried downspout extensions on your land running downhill 150 feet from their home and they claimed no knowledge and they agreed to move them but you moved them after they werent moved for two months. What else can you do to protect your land ownership from these people assuming they may have nefarious intentions to try to take a part of your land close to their house? Giving them a permission letter will only reinvite them onto your land as they have not been seen on your property for quite some time.

I live in a heavily populated city, so this isnt a problem.

Thanks Jessica, how can I find case law in Minnesota, in that I worked a joint effort with the owners of a parking lot in town, to have a fence built between my property and their lot, to now 21 years later have a new owners who bought the business, claim I have to tear it down, because it never got recorded??

Well she is an attorney. "The law is defined by the case law." Thanks that's sooo helpful.

I'd like an assessment on my particular case. I'm in Fond du Lac County. Is that something we can discuss privately?

Thank you, I have very real problems, new owner intends to completely block my access to a garage I built. This is very helpful and I am grateful for your time.

@AlexDonnett

4 жыл бұрын

So what did you do?

@seniordentalofficer639

4 жыл бұрын

A land grabber bought a family land in connivance with police , local politicians ,one of member of family plus infiltrating the judiciary..where can I start from?

Surely possible but they need over 10 years in that spot to even claim it then you still gotta go to court and win..

That is rediculious that someone can do that and get away with it. Why cant the laws ne changed?

@jpmacoo

2 жыл бұрын

It's usually a long period of time, 10-20 years in most states. So, the idea is that if you don't notice that someone else is using your land for 20 years, then you haven't done your job to prevent it.

@traceystock7352

Жыл бұрын

@@jpmacoo Even if you do notice it the level of evidence required to prove the elements of adverse possession are very subjective. If you own wild, uncultivated land for example, even if it is on residential property but wild on the periphery, the degree of possession might be nothing more than some statements that the neighbor had trimmed vegetation in the disputed area from time to time over the requisite period at regular intervals. The idea that this always involves a possessor building a fence on your land or a house is just not the case. it's usually more subtle than than that and the courts seem to want to reward those with the initiative and energy to file quite title using the state law as a guide.

@jpmacoo

Жыл бұрын

@@traceystock7352 I don't know, maybe you're a lawyer with experience in this. I'm not a lawyer. I've always read and heard in seminars that simply mowing and landscaping isn't enough. I only have two first-hand experiences with adverse possession, and the possession was actual open and blatant use. A paved driveway and a well drilled on the parcel, in one case. The other was a camp that was built partly on the adjoining property and they used the adjacent waterfront and beach as if it were their own. And the time involved in both situations was more like 40+ years. So, I'd say that the actual uncontested possession more than satisfied the time requirement, 20 years in both cases.

@traceystock7352

Жыл бұрын

@@jpmacoo Yes I agree those cases you describe certainly meet the definitions. No I'm not a lawyer but have lived in a metro suburb for a while where I have observed a trend in neighbors taking neighbor's peripheral land. I have not personally seen it ripen to adverse possession in court yet but have seen it result in drama and ultimately, the dominant personality usually ends up with what I will call (in my in layman's terms), "defacto possession." My term there kind of synchs with the old adage, "Possession is nine tenths of the law." I did fight a developer once from taking part of our former HOA's green space. The developer had a contract on the neighboring property to develop it and the seller of that adjacent property suddenly became interested in our common area green space obviously to enable his sale of land to the developer who wanted max space to squeeze condos into. Turned into a 5 year battle for me which I won - not in court but with the local municipal planning board to force the developer out of our space (I was a board member who lived adjacent to the space so the other board members were fine with me handling it) . And the hypothetical situation I posted below is what I am going through right now where I am trying to prevent an adverse possession case from ever ripening.... but don't want to give the neighbors permission to use our wooded area as they aren't doing anything in it that would fit the typical definitions of actual, open and notorious possession. And besides, we moved to the country to have our own space and privacy -- and these new neighbors aren't respectful of us at all despite them being obviously well off (money doesnt correlate with manners and respect for others). A permission letter would be tantamount to inviting unwanted people in my land. As such I have been researching the relevant case law to try to find things I can do to diminish any adverse possession case they might be preparing in advance of the state statute time limit which is approaching in two years. Permission letters are often the wisest strategy to pursue but this guy actually declined one when I offered it and they have since backed off and I removed the items. I think if you can get your neighbors off your land lock, stock and barrel, it's the best course. There are competing cases in my state where one said that wild uncultivated, untouched land cannot be taken by adverse possession and another that said someone can take undeveloped rural land if it is occasionally used or trimmed or pruned by the possessor. Our land is wild and native but I have installed a fence so I'm splitting the baby as they say.

No more mortgages.

This is utterly insane. That law needs to be stricken from the books.

@Cotronixco

3 жыл бұрын

No, it's a good law. Usually person A is infringing but doesn't even know it, and person B doesn't know it or doesn't care. After 25 years, the lines are drawn. Another good reason for the law is this. Let's say you got a knock on your door and the person says, "get off my land now. I have a record here that states that 50 years ago, this was my land 10 feet into your home, and I never sold it." What do you do? What kind of recourse do you have? What if it's true that you were told your house did not encroach on your neighbor's land when you bought it? The adverse possession law allows you to keep the land because you are the one who has been occupying it and the real owner waited too long to bring it up.

@justshady

2 жыл бұрын

@@Cotronixco So wait I can just squat on abandoned land and take it for myself? and pay no taxes? because how can pay taxes on property you don't own?

@Cotronixco

2 жыл бұрын

@@justshady Yes, you can. And if your actions are open, hostile, continuous, and exclusive for at least 15 years, and the real owner does nothing about it during this time, the property becomes yours. Good luck!

@argonaut6386

10 ай бұрын

​@@CotronixcoWell you should have legal documentation to state you are the legal owner or purchaser so you shouldn't need to claim adverse possession. If you don't then your solicitor was the one that screwed up. Also if boundaries are unclear then the surveyor should have raised this at the point you bought your property and brought it to your attention. It's only needed if some incompetent people didn't do their job correctly and it favours unscrupulous types that try to pinch someone else's property.

@Cotronixco

10 ай бұрын

@@argonaut6386 A legal description is NOT a survey.

if your negibor put a shed on your property does that means its yours?

@anthonyortiz20102010

7 жыл бұрын

Midnight Mystique no unless they say it is. Can ask them to either remove it or claim it as yours.

@dneuman7455

3 жыл бұрын

No only hiways or province can make demands. It's coming down unless they want to remove it.

Sounds like a lawyer won't help you if your neighbor steals your property. Best to get a surveyor to mark the boundaries and then put up a fence and No trespass signs -- avoid the whole thing altogether. Best to do it before you have any issues. Can someone adversely possess a car? Let's say you borrow someone's car for 10 years. Can I do that?

The Adverse Possession law needs to be abolished ASAP. The new law should give rightful property owners the right to sue the trespassers. FYI: Adverse Possession does not pertain to government land. WRONG The public should be educated on this law. It is not publicized and not many people know about this.

@jpmacoo

2 жыл бұрын

You're wrong. Adverse possession can't be used against government land.

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