Re: property rights

Posted by John T on January 01, 2007 at 13:28:51 from (66.244.90.5):

In Reply to: property rights posted by roger in st.louis on January 01, 2007 at 12:19:37:

Roger, I practice law ONLY here in Indiana and there can be differences State to State,,,,,,,but that being said heres a couple very broad n general statements about property law.

It would be hard to establish anyone legally "abandons" anything regardless of the passage of time on his own property (Im NOT saying yet if it was his or yours).

Next, Surveys are merely expert opinions concening property boundaries and ONLY the common law and state statutes and the Courts can be used to legally set a boundary location in the event of a dispute. In the event of litigation, surveyors could be called in to render expert opinions, but when all is said n done the law and Courts will decide. Indiana has a provision in boundary disputes where one party can arrange for a "legal survey" and provide the proper notioce to the neighbor and if they dont object or get their own expert survey the boundary might??? become LEGAL by a order of the Court.

I can tell ya for sure (the law of adverse possession) if an old existing fence line has been in place for years and BOTH neighbors treated and used it as the boundary IT IN EFFECT HAS RIPENED INTO THE LEGAL BOUNDARY REGAARDLESSSSSSSSSSSSSSSSS of what any surveys or surveyors may claim...... When doing a survey the surveyor would locate n identify fence lines on his plat and show what the legal description says (in his opinion) the boundaries are butttttttt that DOES NOT MAKE IT THE "LEGAL" BOUNDARY

i.e. if theres an old and used for years fence line/boundary between you n your neighbor no matter what a new survey would show (like hes on you 20 feet or youre on him 20 feet) THAT FENCE LINE ISSSSSSSSSS THE BOUNDARY PERIOD

Sooooooo Id be reluctant to advise you that tractor has somehow now legally became your property, theres too many legal questions n issues concerning boundaries and abandonment and intent etc etc for me to say and besides no lawyer or the litigants get to decide those issues anyway, thats reserved for the Court.

Id say best to just go n ask for it and theres a good chance he will give it to you. If you get too smart or just try n take it or go down the legal road he may take a defensive posture and youll never get it plus incur legal fees in fighting over a boundary on n on n on lol

best wishes God Bless, Yall have a happy new Year

Ol John T (Country Lawyer n retired Engineer)

Replies:

• Re: property rights 2x4 23:21:12 01/01/07 (0)

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