|
Tractor Talk Discussion Board |
Re: O/T Property rights
[ Expand ] [ View Replies ] [ Add a Reply ] [ Return to Forum ]
Posted by noncompos on January 05, 2007 at 10:16:21 from (67.42.238.52):
In Reply to: O/T Property rights posted by SamMI on January 05, 2007 at 05:16:48:
As usual in these cases, John T's post is an excellent thumbnail of such situations, particularly their complexity; I'll just add a couple of points (not that John doesn't know about them but because it's impossible to cover everything in these short posts):
(1) non-use is not necessarily proof of abandonment or of intent to abandon;
(2)"hostile" "adverse" "notorious" just means use with your knowledge and with no questions or objections by you, kind of an implied permission; it's flowery legal language and doesn't require any kind of physical confrontation to've happened.
(3) some areas have what is called "Record of Survey" laws/administrative regulations etc; they provide that private surveyors have to "record" their surveys in the County Surveyors office like a deed is recorded in the deed etc records. I've been gone too long to know their effect; I doubt they could change a boundary, but they could illustrate discrepancies, and it seems they could be used as evidence.
(4) a MAJOR point: Expanded Use. A has used a road over B's land for access to A's 20 ac, and has acquired a prescriptive use/adverse use easement. A used the 20 ac for vacations or occasional recreation. Now A decides to build a house,commuting every day; he also need utilities: water, electric, gas lines. Does his esmt cover that?? OR A decides to split the 20 ac into two homesites; or four, with the increased use of the road. Where do As esmt rights stop?? This's probably become fairly well settled now in some states, but it used to give both us and the landowners annoyed, inconvenienced, or damaged? by increased use sharp and shooting pains.
Now I'm getting as long as John T, and I haven't even gotten into forcing ways of necessity, or of the states annoying and confusing use of differing (instead of a universal) language to describe these terms and points...
Replies:
Home
| Forums
Today's Featured Article -
Good As New - by Bill Goodwin. In the summer of 1995, my father, Russ Goodwin, and I acquired the 1945 Farmall B that my grandfather used as an overseer on a farm in Waynesboro, Georgia. After my grandfather’s death in 1955, J.P. Rollins, son of the landowner, used the tractor. In the winter 1985, while in his possession the engine block cracked and was unrepairable. He had told my father
... [Read Article]
Latest Ad:
2022 John Deere 5045E, 4wd, front end loader and 3rd function with grapple. 120 hrs, 55k new, must sell
[More Ads]
Copyright © 1997-2024 Yesterday's Tractor Co.
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V. Yesterday's Tractors - Antique Tractor HeadquartersWebsite Accessibility Policy |
|
