SMA, Im an Attorney here in Indiana and my first best and free advice IS TO CONSULT LOCAL COUNSEL familiar with the laws of your state and DO NOT HANG YOUR HAT ON ANY LAY OPINIONS OR EVEN MINE AS IM UNFAMILIAR WITH ALL THE FACTS AND YOUR STATES LAWS. This is simply too important to trust to lay opinions on a chat board, albeit well intentioned and quite often very accurate, but do you wanna take that chance ?????????
That being said, I can tell you that when you purchase real estate you can, unless reserved otherwise, get all the "rights title and interest" the previous owner had AND A DOCTRINE REFERED TO AS "TACKING" means your rights or the requirements, if any, regarding establishment of a claim of "adverse posession" can indeed be coupled with (tacked onto) whatever rights or claims or requirements the prior owner exercised. Say the statutory time period for a claim of adverse posession is twenty years, if the prior owner adversely posessed anothers property for ten years and you but the land and do the same another ten years, your ten tacks onto his previous ten so the 20 year requirement HAS BEEN SATISFIED. WHATEVER HE HAD YOU NOW HAVE subjest to certain restrictions. I.E. If he acquired title by adverse possession (thats the BIG question) you can now lay claim to the same.....What he had, you now have........
A survey IS NOTHING MORE then an experts "opinion" of boundary lines based on say a legal description such as contained in a Deed. A survey DOES NOT necessarily determine boundary lines, in cases of a boundary dispute ONLY A COURT OF COMPETENT JURISDICTION (or perhaps a "legal survey" if statutory requirements are met) can legally determine boundary lines. So many lay persons think when they hire a surveyor and he comes out and drives down stakes THATS ABSOLUTLEY AND LEGALLY THE LINE. True, it may well be (or becomse), but it can depend on a ton of other things also. Surveys are expert legal opinions ONLY, Courts are the ones that settle boundary disputes if litigated and sure, expert opinions will be introduced and the court will as a matter of law JUDICIALLY SET THE BOUNDARY
HOWEVER the adverse posession route can be costly, it can still be the best cheapest n most efficient thing to simply purchase a strip of land to settle a question between an adjoining landowner, even if adverse possession may say its already yours !!!!!!!!!!! BUT THAT REQUIRES A COURT REMEMBER AND LAWYERS AND YES EXPERT SURVEYORS OPINIONS THAT GETS EXPENSIVE
Also if he wants to fight it, the neighbor can run up huge legal bills, so if your claim of adverse possession has good merit ASK A LOCAL LAWTER HIS OPINION ON THAT, you ought to be able to use that as a bargaining tool and for not too much cash (IF ANY IF YOUR CLAIM IS STRONG) you should be able to get a deed from the neighbor in exchange for possibly some cash (possibly not) or other promises.
SEE IF A LOCAL ATTORNEY THINKS YOU HAVE A GOOD CLAIM OF ADVERSE POSESSION or for that matter, it may already be yours EVEN ABSENT Any adverse claim JUST BECAUSE A SURVEY DETERMINES ITS NOT YOURS DONT MEAN IT ISNT,,,,,,You may not even need to resort to AP
Where possible try to approcah the neighbor in good faith adn maybe you can negotiate a settlemt on your own ABSENT ANT DARN LAWYERS OR COURTS LOL. About the only expenses would be for him to give you say a cheap simple quitclaim deed of the property in question which, yes, a surveyor can stake off and furnish an experts opinion of the boundaries of such.......
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
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.
