Re: Neighbor's claim on property?

Posted by John T Country Lawyer on October 20, 2015 at 07:20:20 from (72.56.227.227):

In Reply to: Neighbor's claim on property? posted by jacks on October 19, 2015 at 19:12:21:

As an attorney who lives in a rural area I GET THESE BOUNDARY DISPUTE QUESTIONS ALL THE TIME........

MY FREE PROFESSIONAL LEGAL ADVICE IS CONSULT A LOCAL ATTORNEY WHO SPECIALIZES IN BOUNDARY DISPUTE ISSUES AND REAL ESTATE AND DO NOTTTTTTTTTTTTTTTTTT HANG YOU HAT ON ANYTHING ANY PROFESSIONAL (including me) OR NON ATTORNEY SAYS HERE. This area of the law is very LOCAL and STATE and fact sensitive and absent thorough trained professional legal research anything posted here isn't worth much (nothing actually lol)

Different states have way different common law or even codified statutes regarding ADVERSE POSESSION and its ONLY your states laws that matter here NOT Billy Bob or Bubbas state. Even so it requires an ACTION TO QUIET TITLE and there are several hurdles that have to be jumped before you can get a judgment or legally enforceable boundary established. THESE ACTIONS ARENT EASY OR FAST OR CHEAP and require expert surveyors opinions and extensive facts be determined.

In Indiana to prevail in an action to quiet title involving adverse possession the plaintiff has to establish HOSTILE OPEN CONTINUOUS ADVERSE NOTORIOUS POSESSION FOR YEARS . There are whole sections in a law library on this and I cant cover it here lol

In Indiana there is a process for A LEGAL SURVEY by which a boundary dispute can be settled but no idea if your state has such IF SO ITS THE EASIEST CHEAPEST ROUTE IN CASES

In any State a Surveyor DOES NOT ESTABLISH JUDICIAL BOUNDARIES. They can ONLY render expert opinions. If they do a survey that DOES NOT mean that becomes a legally enforceable line ONLY A COURT CAN DO THAT. A different surveyor may have a different line and opinion A COURT CAN ORDER ANBD RESOLVE A DISPUTE (absent Indiana legal survey option)

I don't see any Title Insurance Company helping at all. Any doubts they have already excepted in their A or B exceptions

CONSULT A LOCAL REAL ESTATE AND BOUNDARY DISPUTE ATTORNEY AND DO NOTTTTTTTTTTTTTT TAKE ANY ACTION BASED ON ANYHTING POSTED HERE MINE INCLUDED ...........................

You may well have a good case I cant say absent a thorough research and getting all the facts nor can anyone else

John T BSEE, JD Attorney at Law

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