Posted by John T Country Lawyer on May 04, 2012 at 04:24:06 from (216.249.82.117):
In Reply to: adverse possesion. posted by JPBROWN on May 03, 2012 at 16:54:38:
First of all, in addition to the deeds legal description and/or surveys, whats very relevant is how the adjoining landowners have acted and treated as the "boundary" and have made use of the land in question over the past years and to what extent use of land not legally ones own has been (at common law) Hostile, Open, Continuous, Exclusive, Adverse and Notorious to the true owners. Regardless if Grandpa was deeded 40 or 51 acres, what he or his successors may now be legally entitled to in an action for adverse posession, is a question ONLY a Court could decide NO ONE HERE and the Court likely wouldnt check here first.
The legal doctrine of adverse posession can over time cause a "boundary" to change (judicially) regardles of and even in contradiction of where a deed or survey says it may be located. A "survey" is a competent expert professional "opinion" while it takes a court to make any final determination of a legal boundary in actions to quiet title.
Take all your "tax' arguments and evidence to the local assessor and treasurer to make your case, but in my years of experience they can be difficult to deal with, its their house and their territory and "ball game" and they resent the common peasants challenging their authority.
I think if I were the dude who bought the adjoining land and someone came to me asking for a deed or survey etc I wouldnt just jump up and surrender or be willing to give up anything. Also I wouldnt bet the farm the title insurance company is going to pay out anything. While many "realtors" believe that or the buyers/sellers are given that impression when they purchase a policy, as an attorney I can tell you theres all sorts of exceptions and exclusions most persons arent aware of UNTIL they try to collect!!!! The realtors call the buyers and say yayyyyyyyyyyyyy the tile work and insurance is done so we can close, not having read nor having any idea whatsoever just what it is and most important WHATS EXCLUDED. Title Insurance Companies collect premiums but seldom do they pay out damages, if anything is too risky its likely excluded from coverage.....
Heres my best free (and worth the same NOTHING) advice CONSULT A LOCAL TRAINED COMPETENT PROFESSIONAL instead of advice here, as your states laws would have to be thoroughlly researched and all the relevant facts be determined before any worthwhile professional opinion could be rendered. Id say the same if you were here seeking medical or plumbing or electrical advice CONSULT A LOCAL PROFESSIONAL
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