How a Trespasser Can Come to Own Your Property Legally - Lehto's Law Ep. 5.67

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Steve Lehto

Steve Lehto

Күн бұрын

Someone can end up owning your property - even if you don't agree to it and even if they are trespassing. But it's harder to do than you think. Here's how.
www.lehtoslaw.com

Пікірлер: 1 900
@j0hncramer
@j0hncramer 5 жыл бұрын
a church near me tried to mow their neighbors lawn in order to take their property under this law. when the owner realized what the church was doing they put up a sign facing the church that says "thou shalt not steal".
@shawnmccarty6923
@shawnmccarty6923 3 жыл бұрын
Brilliant
@charper9890
@charper9890 3 жыл бұрын
@@Counselor77 I hope this is sarcasm.
@charper9890
@charper9890 3 жыл бұрын
@@Counselor77 Um, no where in what you wrote or the comment you are initially responding to does it state that the church was doing them a favor. The opposite in fact was stated by the original post. And your post just said he was being paranoid. So yes, I read what you wrote.
@jakynth
@jakynth 3 жыл бұрын
@@Counselor77 You don't know the motives of this particular church and the people who lead it. Did you understand what I wrote? YOU DON'T KNOW WHAT THE CHURCH WAS DOING. Also, seriously, 2 comments...kinda desperate for attention aren't ya.
@charper9890
@charper9890 3 жыл бұрын
@@Counselor77 Or the church had an axe to grind against them. I have met a great many petty church members.
@actionman9357
@actionman9357 5 жыл бұрын
The poor "trespasser" could "disappear" into a landfill, and never be seen again.
@adamdnewman
@adamdnewman 3 жыл бұрын
Yep
@monteespell1648
@monteespell1648 3 жыл бұрын
Hahahaha
@susanfudge1737
@susanfudge1737 3 жыл бұрын
House could also burn.
@lt.cdr.alexstarr6678
@lt.cdr.alexstarr6678 3 жыл бұрын
Check.
@legaldocsinc.9142
@legaldocsinc.9142 3 жыл бұрын
What you just insinuated to is a felony crime. I might suggest you approach matters within the context of laws not by breaking laws.
@douglasrodrigues9329
@douglasrodrigues9329 5 жыл бұрын
Adverse possession in Nevada is 7 years. I had a co-worker who owes numerous remote properties. One day he came to realize that he hadn't been getting a property bill on one of his properties for 5 years? He drove out to that property located about 30 miles from town, in foothills. He discovered that someone had placed a metal gate across the dirt road, and had barbed wire fencing installed around the property. That trespassers had been paying property taxes on that property for those 5 years. My associate attached a chain to the locked gate and pulled the gate down. Driving further up the dirt road, he discovered a double wide trailer installed on the property which was obviously being used as a sort of homestead. He called the Sheriff's Office and had the trespassers given notice to have everything off the property in three days. The only thing that was left was the barbed wire fence. The good side to this is that somebody paid the property taxes for 5 years, and he got his land fenced for free!
@mikerutherford5472
@mikerutherford5472 4 жыл бұрын
??? I guess it worked out, but who the hell has property and assumes they aren't just sending the bill?? And Nothing is due
@jquest43
@jquest43 3 жыл бұрын
@@mikerutherford5472 bullshit story
@jquest43
@jquest43 3 жыл бұрын
Didn't happen
@douglasrodrigues9329
@douglasrodrigues9329 3 жыл бұрын
@@jquest43 Call the DA's office anywhere in Nevada and ask them, if you don't believe it.
@jquest43
@jquest43 3 жыл бұрын
@@douglasrodrigues9329 and just how would I do that? They dont give out that info to strangers..sorry I exposed your fantasy comment.🤡
@kevinmollet5364
@kevinmollet5364 5 жыл бұрын
Thanks for this post Steve. I always wondered what kept people from using such laws to take forest land. Since they cann't act against the gov't... well there goes my retirement plan. On a side note. I live next to a park where the city owns and maintains the park. Been here for 19 years and for 18 of those years, I've been maintaining about a 10 x 75 foot swath of the park (trimming bushes, weed control and such). Not claiming the land as it's more decorative than anything... Just funny how they've abandoned it for so long. On a personal note. Keep up the great work. I've been watching your channel for the past month or so and truly enjoy viewing each episode. Thanks for sharing your knowledge.
@John76546-x
@John76546-x 5 жыл бұрын
California adverse possession laws require at least five years of possession and payment of taxes throughout that period in order to be eligible for legal title. Seems if you were owner but not paying your taxes, you should expect something adverse top come of it.
@freedomisfromtruth
@freedomisfromtruth 3 жыл бұрын
The county would have sold the property for taxes way before that
@SJKile
@SJKile 4 жыл бұрын
I would think that by paying property taxes on any property every year would nullify any adverse possession claim.
@SJKile
@SJKile 4 жыл бұрын
pete smyth The only one that can pay the taxes is the owner of the property not squatters. Let’s get real. If I pay my property taxes every year, year after year, that is my claim to my property.
@ajobdunwell2585
@ajobdunwell2585 3 жыл бұрын
Most places you can get lists of properties that at are behind on taxes.
@LatheWerks
@LatheWerks 3 жыл бұрын
I think the old English laws that set this up intended to prevent abandoned property from being forever abandoned and decrepit. They favored a new owner taking care of the land and rewarded that land to the new caretaker, taxes not being important. Failure of tax payment results in government auctioning the land to also find a new caretaker
@jefferyharper5720
@jefferyharper5720 3 жыл бұрын
No, just your right to own property.
@algrayson8965
@algrayson8965 3 жыл бұрын
@@SJKile Not true. Payment of taxes is not only not proof of ownership; it is not even evidence of ownership.
@gi7kmc
@gi7kmc 5 жыл бұрын
A friend of mine here in northern Ireland came close to loosing a field he owned due to adverse possession but he found out in time that a local farmer was grazing cattle on it. He also found out that if cattle are on your land, you can claim ownership of them. He just let some of the locals know that he planned to claim the cattle the next time he was in the area. The farmer stopped using the field.
@richardfuller2326
@richardfuller2326 2 жыл бұрын
If my name is on the title and I am paying taxes on it, It is mine !!! Someone comes along and lays claim to it, I call that stealing!
@manunit3659
@manunit3659 2 жыл бұрын
You don't own squat! Why do you pay tax to the government on property you own? Read Senate Doc. 43. 73rd Congress, 1st Session...it states in black & white when it comes to property rights we are presumed to be "mere users"...no rights just granted benefits & privileges.
@queenbenjamin1779
@queenbenjamin1779 2 жыл бұрын
@@manunit3659 just read this comment after I wrote my comment under yours. Thank you Sir 4 this KNOWLEDGE
@alwyn626
@alwyn626 2 жыл бұрын
I mow my grandsons lawn. A bloody lot of times. I might mention this video to him. 😆
@jolynnaerobert3190
@jolynnaerobert3190 Жыл бұрын
After the housing bust, people tried to use this by moving into foreclosed houses. They would get utilities in their name, pay the taxes, and move in.
@stefanschuh2957
@stefanschuh2957 Жыл бұрын
Someone just tried to sell my Father's house. He was a squatter. But he didn't live there long enough, nor claim any legal title to it and tried to sell it as if he were the owner. Now he's in prison for fraud.
@love4theworld826
@love4theworld826 4 жыл бұрын
If a Trespasser can somehow come to own your property "Legally", then there's something legally wrong with our "legal" system!
@brandishwar
@brandishwar 4 жыл бұрын
It's not really proper to say it happens "legally". The doctrine of adverse possession is nothing more than a conditional statute of limitations on a tort claim. And it's generally a LOT longer than the statute of limitations on every other tort claim you could make. So since the owner loses the legal right to enforce title through the Court due to the statute of limitations, the adverse possessor basically wins by default. The "quiet title action" is to make it official on deeds and land records.
@iowagreen8932
@iowagreen8932 5 жыл бұрын
I just looked up the Iowa adverse possession law...only 5 years required!
@thebluelunarmonkey
@thebluelunarmonkey 3 жыл бұрын
I bought my house in 2010 and it was advertised as having a storage shed. After I bought the house, I later figured out that the previous owner built the shed on my neighbor's property. Me and him have a good relationship! I did tell him about adverse possession, and if I ever sold the house, the next owners might try to take his land thru adverse possession, so I said to avoid that, he needs to give me permission to keep the shed there and use it. He did that and we bypassed the possibility of adverse possession because we removed the "taking possession without permission" part of adverse possession. When I rebuild the shed, I'm going to locate it within my setback.
@lannyhoover1625
@lannyhoover1625 3 жыл бұрын
I appreciate the way you create your videos. Short title and intro, great info, and done! No long Intro, no press the like button and so on before even seeing the video and no commercials. Thank you Steve!!
@benkrom2737
@benkrom2737 3 жыл бұрын
Yeah, that happened to my father-in-law. Fence 2ft on his property and when he went to sell, and buyer wanted property surveyed and realized neighbors fence was on property and neighbor paved driveway right up to fence. My father-in-law couldn't make neighbor move fence and had to even to reduce price of property. Note to self, promptly correct any property line mistakes .
@bc1969214
@bc1969214 3 жыл бұрын
was the fence on his property when he purchased originally? Did he have title insurance?
@benkrom2737
@benkrom2737 3 жыл бұрын
@@bc1969214 No, he was renting home to a long term tenant and wasn't there 24/7. He was buddies with neighbor but in the end got screwed. When you give right of way to anyone you have to block access 1 day per year or you lose it. That's the law in my state.
@bc1969214
@bc1969214 3 жыл бұрын
@@benkrom2737 oh, so if the neighbor asked permission and your FIL agreed the way to handle this (hindsight of course) is to charge them whatever the encroachment would decrease the property value. Unless this was a case where the tenant didn't say a thing to him and the neighbor took advantage. These stories are good to read, things you don't think of.
@benkrom2737
@benkrom2737 3 жыл бұрын
@@bc1969214 Neighbor had mentioned he was putting up fence cause property was being rented. There wasn't a definitive property line, just grass area. 2ft easily able to do without raising a eyebrow. Wasn't till property surveyed and Neighbor wouldn't give back land. I learned a long time ago never lend anyone anything you're not willing to lose. That includes tools, money,and property ,etc.
@benkrom2737
@benkrom2737 3 жыл бұрын
@@bc1969214 You can let neighbor use area, BUT you have to document that the easement is closed at least 1 day out of the year. If it's open for years without any closure, property is fair game. Title insurance only states you own property. You will be still paying property taxes on property that you have zero control over property being encroached. Best thing is to just give it up and let them pay the taxes. And a lesson learned. Unless you have endless amounts of money to fight it , the cost for a lawyer to reverse it usually isn't worth it. Because of this I had seller survey my property when I bought my house. Different towns and states laws are different so may not apply to your area.
@aaazzz1212
@aaazzz1212 5 жыл бұрын
One very important criteria for adverse possession in California: the possessor need to be paying tax on the land that they want to claim during the required period. Michigan probably has the same law. This case happened to me, the fence between my backyard neighbor and us is ~10 feet inside our property. After over 20 years later, they claimed that 10 feet has become theirs because of the adverse possession. I simply told them that we have been paying our property tax, which included that 10 feet. They did not. They consulted a lawyer and put up a new fence on the correct boundary line. End of story.
@algrayson8965
@algrayson8965 5 жыл бұрын
The recorded owner surely noticed that the taxes were magically being paid? As the owner of record, he would be receiving assessment notices and tax bills.
@favoritemustard3542
@favoritemustard3542 3 жыл бұрын
Last time surveyors were out my way, one of em flipped a cigarette butt out their window... ...as they're driving up & down the road, my neighbor's field catches fire. Almost reached his propane tank before the water truck showed up. I'm sure the survey co. did not charge for that extra service.
@finngamesknudson1457
@finngamesknudson1457 3 жыл бұрын
Wasn’t the propane tank properly buried? Tank should be robust enough to withstand grass fire.
@favoritemustard3542
@favoritemustard3542 3 жыл бұрын
@@finngamesknudson1457 it's above ground. Mine too, as is the big refill tanks our propane co. uses.
@finngamesknudson1457
@finngamesknudson1457 3 жыл бұрын
@@favoritemustard3542 - Sorry for the brain fart. Was thinking of my MIL’s tank I stumbled across last week. Guessing her expensive neighborhood requires burial. Where I go to refill my BBQ tanks is also an upright tank above ground. Does make fire “a bit” more exciting doesn’t it?
@nolongeramused8135
@nolongeramused8135 3 жыл бұрын
My MIL's neighbors were trying to do this for her beachfront property. It's a summer home, and we caught them using her garage for storage, stealing electricity, attempted to put up a greenhouse on her property, all sorts of little crap. Adverse possession doesn't exist in this state. You could squat on a property and pay the taxes for decades, but it doesn't matter here. I never bothered to let them know their scheme was pointless, but we changed all the house locks, put locking covers on the outside outlets, and set up security cameras. Didn't take long for them to quit trying to steal a million dollar property from an old lady with dementia.
@Cotronixco
@Cotronixco 3 жыл бұрын
AP exists in all 50 states.
@nolongeramused8135
@nolongeramused8135 3 жыл бұрын
@@Cotronixco Yes, but is nearly impossible to actually do in some of them. The threshold for proving it where I live is so high that it might as well not exist except for long-term abandoned property. When I last checked the state statutes even the old trick of paying the taxes wasn't going to work.
@Cotronixco
@Cotronixco 3 жыл бұрын
@@nolongeramused8135 Paying taxes to gain possession is statutory in only a few states.
@nolongeramused8135
@nolongeramused8135 3 жыл бұрын
@@Cotronixco But most people are under the impression that it's sort of universal way to steal property; go pay their back taxes and TA-DA, you now own it. What really irritates me is that adverse possession needs to be planned, sometimes decades in advance. Squatters shouldn't have rights - they should have prison sentences.
@Cotronixco
@Cotronixco 3 жыл бұрын
@@nolongeramused8135 You are correct, so as long as the owner presses charges within the statutory number of years, your wish is granted. But if the owner does nothing about it for 20 years, it's his own fault.
@TomsBackyardWorkshop
@TomsBackyardWorkshop 2 жыл бұрын
So I can steal my neighbors property just by building a fence. Good to know.
@donmulder8061
@donmulder8061 Жыл бұрын
It has to sit there for a long time without him making you remove it though. 10, to 20 years depending on the state.
@USALibertarian
@USALibertarian 2 жыл бұрын
Depends how well your neighbor knows the judge.
@cryhavoc9748
@cryhavoc9748 4 жыл бұрын
So what happens if the "adverse possessor" mysteriously disappears?
@randyweaver6543
@randyweaver6543 4 жыл бұрын
pete smyth what? Where did he go? Damn he was just here a little while ago. Tough to convict with no corpse.
@lylebardwell8145
@lylebardwell8145 3 жыл бұрын
He disappeared! Don't worry y'all, I'll solve this mystery! Puff puff cough... He was abducted by aliens. Problem solved. Evidence you say? The aliens used the adverse possession and stole the evidence!
@shawnmccarty6923
@shawnmccarty6923 3 жыл бұрын
@@randyweaver6543 it might be a difficult but not unheard of 20 years ago the big news story around my hometown was this young woman had gone missing they never found her but her boyfriend at the time is sitting on death row at the moment his uncle to towns police chief served 15 years for helping him try to get away with it and a few other people served time for abuse of a corpse that they couldn't even prove existed besides the land would just be a part of the estate not like it would revert back to the previous owner
@tomnisen3358
@tomnisen3358 3 жыл бұрын
Lot's of places to dig holes. Barrels of acid.
@Counselor77
@Counselor77 3 жыл бұрын
I got pigs to feed.
@Baker-m9y
@Baker-m9y 5 жыл бұрын
That almost happened to my mom in L.A. She has a very large, tree filled, back yard. A group of men from somewhere in the middle east (I don't know which country) moved into the house behind her, took down the fence and hooked up her hose and started to take her water. (I mention where they are from as they were foreigners, yet not hispanic, so we thought maybe the rules where they are from were different) She yelled at them often, and they were very nice, but they kept doing it, hoping she was elderly and would give up. She had to hire a boundary survey and put up a better fence. In older parts of L.A. the power co. and the phone co. have leeways to access their poles, sometimes the boundaries get blurred. But these guys were playing an old game on an old gal. She fixed the problem with an 8 foot fence, plus the power co. took away some property from these other neighbours when they reassessed.
@moccasinlanding
@moccasinlanding 5 жыл бұрын
GREAT video.....my cousin is now dealing with a similar situation, wanting to purchase a piece of land which has a squatter using part of the acreage, and the owner is afraid to approach the squatter because of his family being powerful. I think fencing off the squatted portion and selling the rest is a way of dealing with this, avoiding any contact between my cousin as new buyer and the squatter, no disagreements at any rate. Poor old lady who needs to sell the land is not able to use any of it as it is........
@D.A.Hanks14
@D.A.Hanks14 4 жыл бұрын
If someone ever moved onto my property and claimed it was theirs and took it, they'd have a hard time enjoying it with all their limbs missing.
@jquest43
@jquest43 3 жыл бұрын
Ok rambo
@thenormalyears
@thenormalyears 3 жыл бұрын
lol nothing is softer than a KZbin commenter who is promising to kill someone
@D.A.Hanks14
@D.A.Hanks14 3 жыл бұрын
@@thenormalyears Who's threatening that? I watched my dad lose everything he owned including the contents of his house. I can assure you that if anyone tried that, they would not enjoy their spoils.
@rdizzy1
@rdizzy1 3 жыл бұрын
You'd then have a hard time enjoying your own property from a prison cell, then in the mean time I will move onto your land and mow it and pay some taxes and get free land.
@freedomisfromtruth
@freedomisfromtruth 3 жыл бұрын
@@rdizzy1 No you wouldnt when Bubba has the same idea and doesnt want to share with you
@John-el7pr
@John-el7pr 5 жыл бұрын
This almost happened to me when buying a house. Luckily they had just put up the fence and the pre purchase title search picked it up. Couldn’t close until it was removed
@Jules-eo5rc
@Jules-eo5rc 3 жыл бұрын
I once knew a woman who purchased a small house in the middle of farm property. She had a long driveway, gravel, which extended from the adjacent apartment complex to her property. Prior to her purchasing the home a large apartment complex was constructed at the back portion next to her property. Her driveway involved the owners of the home using the apartment parking lot to gain access to the main road. She still had this long driveway. From the highway, onto the apartment complex entrance, across it's highway frontage parking lots to the North end of this large complex. At which point her private driveway began. This entire drive was in farmed fields of corn or soy beans. It was basically brush and tree line most of the drive. When one would drive onto her private drive, roughly 10 to 15 feet, one would cross existing (yet no longer in use) single rail set of train tracks, turn sharply left, drive North parallel to the train tracks for quite a distance. At the far end of the drive was another sharp left. Crossing the train tracks a second time. This is where her home was situated. The house was surrounded by mature trees, brush, her flower gardens. At the rear of her house was her garage, out buildings, chicken coop, swimming pool, a detached building with a screened in enclosure for an additional recreation type of area. She had vegetable gardens, flower gardens, a chicken yard. Dogs, cats, kids. She had a good size gravel parking area at the front of her home. This is where the cars were parked. Her driveway extended to the West of her house to behind her house to get to her garage and the buildings in the back of her house. Along the outer West driveway were mature trees. On the other side of these trees were more farmer fields as far as the eye could see. No other roads or development. They had posted no trespassing signs at the entrance to the driveway on the apartment complex side of the property, along the apartment complex side of the back of the property and on the buildings at the back of the property, but not along the West side of the property. Years went by. Eventually the farmer fields to the West of her property was purchased for a housing development. Including a new elementary school across the street from the houses backing up to her West side driveway with the existing mature trees. When they purchased the home, back in the 70's or 80's, the survey and title company mentioned a problem with the property at the West side drive, which was in existence and used from the previous owners. What ever the issue was they never had it remedied and went through with the sale. In the mid 90's is when the new construction was taking place on the property to the West of her property. The new elementary school was complete. Her younger kids would cut through the yards on the West of her property, cross the street in this secluded residential area to get to school. It was a convenience not to have to drive them to the apartment complex to catch the school bus as they had done in the years prior to the new elementary school being constructed. Also, the new elementary school eliminated the need to bus elementary kids out of this area, as they could now all walk to the new elementary school. One spring day she noticed surveyors on her property abutting the newly constructed homes. They had a discussion about her driveway and her use of it. It being her property and one of the neighbors wishing to put up fencing. Some weeks, months, not sure how long after this, she came home to find one of the neighbors erecting a fence on her West driveway property. As you might imagine they argued he was trespassing, illegally constructing a barrier on her property, they both threatened to sue. She began removing postings and all that she could to remove from her property the construction the neighbor began. The police were called. The neighbor was told he could do no more constructing of the fence as it was obstructing their driveway. They would need to take the matter to court. Her husband further removed the remaining fence posts off the property and neatly stacked it on the neighbors property. To shorten this story, the neighbor cut down the mature trees on his side of the driveway. He was granted the property with which to erect this fence. As the property was within his legal rights. They were to find another way with which to drive around to the back of the property to gain access to their garage and their back buildings where they kept trucks and other equipment. This was in the courts for over a year. I don't understand how it became that they lost access to that easement. Which, legally speaking as I understand it, that easement is to continue until they no longer have use of it. Ultimately, both parties sold and moved.
@rustyshackelford8769
@rustyshackelford8769 4 жыл бұрын
My fence encroaches on another piece of land I own. I'm stealing my own property.
@zippy0036
@zippy0036 4 жыл бұрын
Sue yoursellf - You can't lose ;)
@jtop2038
@jtop2038 4 жыл бұрын
@@zippy0036 Can't win either.
@tyree9055
@tyree9055 3 жыл бұрын
Actually, he would lose and the court system would win (due to all of the court costs)! ☝🤣
@Senerian
@Senerian 2 жыл бұрын
This should be made impossible. Who pays for the trespassers funeral?
@871jamie
@871jamie 2 жыл бұрын
Exactly, let someone try and pull this with my property!
@lf3566
@lf3566 5 жыл бұрын
Adverse possession here in indiana is 10yrs plus the following 1) control 2) intent 3) notice 4) duration Also here in indiana you have to pay the taxes on that property for ten years. My question is how can said person pay taxes on a small section of neighbors property when its in their (neighbors) name? Also one of the requirements is "intent" meaning that said person cannot knowingly use neighbors yard which means if said person is paying taxes on a section of neighbors property then said person knowingly knows that property belongs to neighbor.
@lisalutterbach6843
@lisalutterbach6843 3 жыл бұрын
I was thinkinv the same thing.
@jered8095
@jered8095 4 жыл бұрын
This is why (in Florida) almost all homes bought with 3rd party financing are subject to surveys. I highly suggest all homebuyers get surveys no matter the terms of purchase. Also, just a PSA (in Florida), surveyors are exempt from prosecution due to trespassing while performing their duties of land mapping. Regulations of Occupations and Professions, Title XXXII, Chapter 472, section 29. Surveyors have the right to access all 3rd party property (with a few exceptions, and limitations), and dig in your yard for the property markers, or do minor trimming to vegetation, because they are typically unable to do their job without this ability. So be careful when confronting surveyors, you may put yourself in legal jeopardy if you react to them adversely.
@DoubleBassX2
@DoubleBassX2 4 жыл бұрын
Ha yes; I used to be a surveyor in Florida. Smugly reciting 472 to adjacent homeowners could have been the start of my legal career.
@rdizzy1
@rdizzy1 3 жыл бұрын
@@DoubleBassX2 I certainly wouldn't want to do it. A land surveyor in a southern conservative state is more dangerous than active military.
@jimmyraythomason1
@jimmyraythomason1 3 жыл бұрын
I have been mowing the grass on property adjoining mine (on both sides) for the past 21 years. My neighbor, who actually owns it, hasn't been here as long as I have. I acknowledge that he owns it and would never dream of trying to take it via "adverse possession". The property appears to just be a continuation of my yard so I keep it up, mow the grass, trim trees and haul off brush, etc. I always ask my neighbors permission if I need to do any major work to maintain the property and he tells me to treat it "like it was mine". We have never had a problem and do not expect to. Neighbors treating each other like neighbors are supposed to.....try it....it works.
@chevelle6305
@chevelle6305 5 жыл бұрын
I gotta know the outcome of the city councils removal of the trees.
@robertmcgee7083
@robertmcgee7083 3 жыл бұрын
Could be dangerous trying to steal other people’s property, more than one kind of law to settle property disputes.
@kirikaan9182
@kirikaan9182 5 жыл бұрын
Steve, This actually happened to my mother in Utah. She purchased a house and later had it surveyed and found the property fence was 5 feet off to her neighbors favor. She attempted to sue the neighbors to get the property back. The fence had been in place for more than 20 years, and because of that she lost the case. I told her she should have sued the sellers of her house for misrepresenting the property.
@ImTheDaveman
@ImTheDaveman 4 жыл бұрын
Our neighbor who has horsies and moo-moos, has a fence line that crosses my property by about 2 feet. Thing is, his property has been his for years before I moved here. I never said a word, because he's a great neighbor who done really great things for my family and its not enough land loss to worry about. In light of your video's exposition, he probably owns that two feet anyway due to adverse possession. Plus I have no plans that would absolutely require the use of those two feet.
@legaldocsinc.9142
@legaldocsinc.9142 3 жыл бұрын
The problem occurs if and when you go to sell your property as it can create a defect of title. As long as both property owners are on understanding terms( preferably in writing about boundries) then adverse possession can't be claimed (permission vs. Involuntary use)...
@netjlr307
@netjlr307 4 жыл бұрын
Steve, would you please consider an episode, which deals with, in some detail, how homeowners can effectively deal with un-invited guests. Specifically what can you do when they refuse to leave? thanks
@jquest43
@jquest43 3 жыл бұрын
Sorry I'm late responding..to chase them away,rent an elephant and put it in front of the property while feeding it ExLax,works everytime!- Steve
@hgrimes9824
@hgrimes9824 3 жыл бұрын
Shoot them if they wont leave, castle doctrine.
@tyree9055
@tyree9055 3 жыл бұрын
Dial 911 and report them...
@wildearpsadventures4991
@wildearpsadventures4991 3 жыл бұрын
We had that issue in CA GFs (now wife) Ex husband refused to leave. I tried the subversive method. Moving in and walking around naked, disconnect internet in the room he was staying in, being a complete a-hole while I was home. In the end it took a judge to evict him. He stayed an extra 10min (12:10am) just to think he won. Took several months for court dates and his lawyer trying to delay.
@netjlr307
@netjlr307 3 жыл бұрын
@@tyree9055 I don't think you guys understand what I'm getting at. Unless you have signs in your front yard saying No Trespassing, No Solicitation, or an active restraining order against this "uninvited" guest - they are not breaking any laws by walking up your driveway, approach you and your family completely out of the blue and saying "hey longtime no see" and then after telling them to leave or F____ off... they are not breaking any law by NOT leaving...so the police wont help you if a crime is not being committed. further...just because these "uninvited' guest(s) refuse to leave or DONT leave, after you tell them to leave, does not in any way grant you the homeowner any right to become physically violent and remove them. Legally what can any homeowner do when confronted with this type of situtation.. For example... you the homeowner cannot just draw a gun, order them off of your property and then shoot them where they stand if they don't leave... Unless they pull a gun and threaten you first... You better have witnesses in this case... again.. what do you do?
@smoothestones1
@smoothestones1 4 жыл бұрын
This happened to my Gram. She owned a restaurant a long time ago in California. She owned the property up to the back building. Coors bought it and put a wall up 20 feet onto her property. She lost that 20 feet by 100 feet.
@Amy-zb6ph
@Amy-zb6ph 5 жыл бұрын
Well shit, that means the neighbors on both sides of my mom's house stole a foot or two. Of course, there is a little tag that tells where the legal property line is. When we went to build the block wall in the back yard, we built it down the proper property line. Oddly, we both sometimes mow one another's little part of the lawn on one side. Whoever gets out there first just mows the whole thing.
@shexdensmore
@shexdensmore 3 жыл бұрын
You should not be able to obtain property by adverse possession under any circumstances, Without giving the option to pay for the Plot of land
@briangonigal3974
@briangonigal3974 5 жыл бұрын
121 views, 121 comments. Apparantly, everyone who watches this video is required to post a comment, so here's mine.
@chrismccarthy1455
@chrismccarthy1455 5 жыл бұрын
I live in a rural area, where title is often not well documented, and when we closed the sale, we discovered that the land purchased was comprised of three separate parcels, only one of which was actually owned. We had to get a slew of octogenarians to swear affidavits showing that the owners from whom we purchased had occupied, used and maintained the two extra parcels since 1948. We were able to establish adverse possession and gain title to the whole parcel. It is tricky, in our jurisdiction the time is 20 years.
@bradallen1832
@bradallen1832 5 жыл бұрын
Who had owned the other 2 parcels before?
@chrismccarthy1455
@chrismccarthy1455 5 жыл бұрын
@@bradallen1832 Several parcels had been owned by one family. Two other houses had been demolished 20 + years ago. Original owner long since passed on.
@robjames3864
@robjames3864 5 жыл бұрын
I had a guy try to claim "right of easement" using my father`s yard for 6 years as a service drive to bring his firewood into his backyard because his yard was land locked due to a garage that was built. I was OK with it until he started turning his backyard into a junk yard. He thought I was being ridiculous when I told him I didn`t appreciate looking at a old junk pickup out my back window. Needless to say he doesn`t come through the yard anymore.
@thenormalyears
@thenormalyears 3 жыл бұрын
this story is really random and completely unrelated to anything discussed in the video but ok cool rant about your nasty neighborhood
@robjames3864
@robjames3864 3 жыл бұрын
@@thenormalyears It bothered you that much that you had to comment. 🤣
@freedomisfromtruth
@freedomisfromtruth 3 жыл бұрын
@@thenormalyears Your limited capacity makes you not relate the stories, please go upstairs and ask your mom to explain and follow her advice and get a job.
@Dervraka
@Dervraka 3 жыл бұрын
It varies depending on the state, had an Uncle it happened too. He owned sixty acres he had a small hunting cabin on, some guy put a camper on it. Uncle perhaps foolishly did nothing about it in fact kind of befriended the guy, the guy eventually built a small structure and hooked up utilities. Uncle was getting older so he decided to sell it. The perspective buyer, of course, wanted the squatter removed before the purchase was finalized. Squatter went to court and they ruled since he had lived on for so long and developed it with my Uncle's full knowledge, he owned the property. Not the entire 60 acres mind you, I think he got 6.5 acres. But it made it more difficult for my Uncle to sell and he got far less than he wanted since there was a chunk missing out of the middle of it. I guess the moral of the story is, "Don't be a nice guy, you notice someone squatting on your land get an eviction order the minute you discover it."
@tissuepaper9962
@tissuepaper9962 3 жыл бұрын
You don't need to go directly to eviction. Write up a lease if you're in a situation like this, IANAL but I imagine you could even make the rent $0.00/mo and still be able to have the lease protect you from your "tenant" claiming the property by adverse possession. In that relationship, there's never any question of who owns the property, at least as long as you keep collecting rent, AFAIK.
@glennschemitsch8341
@glennschemitsch8341 3 жыл бұрын
Spend the money for a survey before buying any landed property.
@vanbilly8387
@vanbilly8387 2 жыл бұрын
When I bought my home, I had the property surveyed. The survey showed that the fence on one side was 3 feet 4 inches on the neighbor's side of the property line. The fence was overgrown with bushes, but was visible. Weeks later, I spoke with the neighbor and told him that I would be replacing the fence eventually, and moving it back to the correct place, giving him back the area that was his. He said the fence was there before he bought his home, and that was in the late 70's. He had no idea where the property line was, and he said he wasn't worried about it. It took a few years before I got around to the fence, but after I cut down the bushes to get to the fence, removed the old fence and moved the new fence to the correct position, the neighbor realized how much room he had between the fence and the side of his house. Now, he drives his truck and yard trailer down that side, when doing yard work. We've been very good neighbors for twenty years now.
@tomhenry897
@tomhenry897 2 жыл бұрын
You are nice could have filled for the land
@jamesstead2256
@jamesstead2256 Жыл бұрын
That is so nice keep up the good work
@dzunglu7184
@dzunglu7184 Жыл бұрын
You can be my neighbor anytime. Give me a call.
@mikemoore9757
@mikemoore9757 2 жыл бұрын
#1- Never trust a realtor. #2- Never trust a real estate platt map (they are as close as hand grenades). #3- Always get a registered survey when buying real estate. Believe me!
@evelgreytarot8401
@evelgreytarot8401 2 жыл бұрын
The survey is just a piece of paper. I have a survey but I can't find anyone to stake it before I put up the fence. I have so many corners those numbers are worse than calculus, I can't figure it out myself.
@9995-q1u
@9995-q1u 2 жыл бұрын
@@evelgreytarot8401 Surveyors do this. I just had it done and I live in an area where there is a lot of business for surveyors from developers. You want a surveyor to stake it, not someone who claims knowledge. Unless you live in a very isolated area, there is a surveyor who will mark it. I paid $600 for a surveyor to stake my boundary line which had three corners and was 460 feet in length.
@itchynackers
@itchynackers Жыл бұрын
this post is 100% true. i suspect the poster is a surveyor. realtors dont know squat about surveying. in Wisconsin, it is law that when performing a survey, you MUST monument the property corners if they are missing. it should have been staked.
@stickyfox
@stickyfox Жыл бұрын
I bought a house adjacent to a rental property with a parking lot that encroached on my lot by 11 inches. I didn't care at all until the owner of that property chose to split hairs one day on a tree that stands on the line but largely encroaches on their land. I asked if the owner would help me bear the cost of removing some dead branches, and he said "well we looked at the survey map and that tree is technically on your side of the line." Dick. So when I saw pavement crews digging up the lot in preparation to repave last year, I ran outside in my bathrobe with a copy of the survey map and said "whoa whoa whoa, stop! Why are you digging up *my* asphalt?! Do you have a permit for this? Who's in charge!" (Of course they didn't have a permit. Nobody uses them here but I already knew that.) After a few minutes chatting with the foreman, they decided to pave the new lot a foot *away* from my line, resolving the encroachment, and the landlord got a 2' smaller parking lot. But now there's no question as to who owns the tree! He'd been enjoying profits from the use of my land for who-knows-how long and wasn't willing to reciprocate when it came time to maintain a hazard originating on that land. It seems to me that most real property law is written with a motivation to screw with and inconvenience people, and not really to foster a fair and respectful conduct of business. But on that one occasion I certainly enjoyed screwing with that slum lord!
@dalebronniman9060
@dalebronniman9060 2 жыл бұрын
But you paid the taxes on it and that's maintaining it.
@rogerlimoseth4790
@rogerlimoseth4790 2 жыл бұрын
Then the State needs to go back and charge these people property tax. Better yet seize their home for back taxes. That should put an end to this ridiculous B.S
@elzar760
@elzar760 2 жыл бұрын
Exactly what I was wondering. How do property taxes get settled if you lose the land in a case like this, does that person who’s used it and maintained it for all that time owe you money for the taxes you paid on “their land”?
@evelgreytarot8401
@evelgreytarot8401 2 жыл бұрын
@@elzar760 saw a judge ruling on a case like this. Judge was on the side of the person stealing property and when the real owner asked for past taxes owed it was denied
@robertg5451
@robertg5451 5 жыл бұрын
These adverse possession laws and squatters rights laws are a bunch of bullshit and should be struck down. Just because you don't cut the lawn on a certain portion of your property and somebody else starts doing it, should never give him the right to take your property. A deed is a deed and a title a title. I live in Wisconsin. We have a lot of deer hunters that own 40 acres or more, 'up north' for hunting. Let's suppose a portion of his property, in one corner, might be heavily wooded and is an area that the owner never goes. So one day, a squatter decides to build a small cabin in this area that may be hidden from view. This goes on for 15 or 20 years. Then one day the owner takes a walk around his property, because he's thinking of selling, and discovers this cabin on his property. I guess he's screwed. I thought owners had property rights in this country. Between this and eminent domain, I guess property rights in this country is an effen joke.
@leonidassabr9197
@leonidassabr9197 5 жыл бұрын
I agree adverse posession is bullshit. So is squatters rights
@susanepp2707
@susanepp2707 4 жыл бұрын
The house about a quarter mile from me when I lived in Hawaii went up for sale. Very nice cabin style house on three acres. Many people were interested in it. I asked one day when the property caretaker was out there why the property wasn't selling. He told me because about one foot of the side of the house was on someone else's property and the people who owned that land refused to sell. Sadly this house is just getting destroyed from the weather and lack up maintaince
@Asdayasman
@Asdayasman 4 жыл бұрын
lmao misplacing a fence by 3 feet? That's an entire garden in England.
@tedsamuels3203
@tedsamuels3203 3 жыл бұрын
If you try that crap in Kentucky, they will put you in box 📦 I been cutting grass on another Man's property for six years now and using his property and I wouldn't try taking his property. Maybe buy it for a fair price 🤔 and we both would be human enough to know, where the property line is and if not we would get a survey ? We're only human
@bluewater454
@bluewater454 5 жыл бұрын
*Again with the term "common law".* Can you explain what common law means in American jurisprudence and how it is used in our legal system.
@romusa9204
@romusa9204 5 жыл бұрын
if somebody is dying to have my property , well that person will be dying
@jquest43
@jquest43 3 жыл бұрын
So you like prison?
@thenormalyears
@thenormalyears 3 жыл бұрын
you dont even have any property calm down you loser
@chrisnamaste3572
@chrisnamaste3572 3 жыл бұрын
Adverse possession means good properly sited fences make good neighbors.
@workingshlub8861
@workingshlub8861 5 жыл бұрын
100% spot on..i wanted to expand my garage and the city wanted a plot plan..so i got one and my property line was not where i thought it was... technically i had been using the gas stations that is next to me parking lot for the past 17 years...nobody realized ..when i bought the home my realtor said here is YOUR parking lot. .i had been plowing it and using it as my own etc....that gas station has had 4 different owners over the years and nobody has ever disputed it.,its 20 years in my state and i can get it....the way its set up everybody would assume its mine because it is right next to my home and there is a wooded and then the gas station..
@jquest43
@jquest43 3 жыл бұрын
So you're a thief Hell awaits
@workingshlub8861
@workingshlub8861 3 жыл бұрын
@@jquest43 how am i a thief??
@jquest43
@jquest43 3 жыл бұрын
@@workingshlub8861 you want to steal the gas stations property..and you have to ask WHY??
@workingshlub8861
@workingshlub8861 3 жыл бұрын
@@jquest43 are you that thick??? if it is NOT contested you can claim it as your own after 20 years...
@workingshlub8861
@workingshlub8861 3 жыл бұрын
@@jquest43 you have never owned property or ever had any type of intellectual property have you???
@elizabethashby2673
@elizabethashby2673 3 жыл бұрын
Noone should b able 2 swoop n 2 confiscste someone else’s property by any means r actions‼️👎🗣. We have legal & moral laws n Our UsA‼️👍🗣. Adverse possession just another way of glorified theft from proper legal & moral holers‼️👎🗣☹️👿😦👹😲🦨👇👺😟😡😞
@PC-vx6ko
@PC-vx6ko 3 жыл бұрын
Agricultural land next to timber land is commonly in dispute. Either trees and brush encroach on the cleared land, and the cleared land becomes smaller. Or, tractors cut back a little trees and brush each year and the cleared land becomes larger.
@9995-q1u
@9995-q1u 2 жыл бұрын
We bought a new 4 acre property two years ago. Next door, the original neighbor sold his nine year old, 3 acre property to a new couple (in Virginia where AP minimum is 21 years). We bush hogged most of our land but left the edge closest to the neighboring lot as we found it -- a natural streambed with woods and pasture. It is overgrown and we like it that way as it is like our own miniature wildlife refuge and it gives us privacy from the neighbors. The new neighbors are now interested in this area despite the fact that the property corners were marked when the bought it and our land was clearly on the other side of those corner stakes. They are walking back and forth looking at it and looing at our frontage with some smartphone app (compass or google maps perhaps). They have had some contractors over to look at it as well. So we had a boundary survey done to mark the boundary -- the iron pipes are visible so it was easy and inexpensive. I placed some pressure treated wooden fence posts just inside the boundary line to "claim my property." But do not want to put up a fence as there is not enough space on the other side of the woodline and we don't want to clear the trees to make room for fence and lose the privacy. Are these fence posts enough to protect this stretch of wild vegetation as mine or do I need to do more? Or do I need to go out there and dance around or make a fuss to prevent them from taking it via AP or acquiescence?
@nonyadamnbusiness9887
@nonyadamnbusiness9887 2 жыл бұрын
You ever think of actually talking to your neighbors?
@9995-q1u
@9995-q1u 2 жыл бұрын
@@nonyadamnbusiness9887 I catch your vibe but nah, not here man. Not this century. I'm pretty hard wired to keep my land and not allow the neighbors to take control or possession if it. This is our third home in this area where neighbors have made moves to take control of parts of our property. Talking to next door neighbors here only opens up Pandora's box to conflict. Northern Virginia has a lot of entitled people. It's not like when and where I grew up where we'd grill together or pet sit for each other, etc..... When they bought their home their property corners were clearly marked and the pipes are sticking out in several locations. The boundaries are exactly as described in GIS aerial photos. And google maps and sat photos as well. Yet they've had contractors out looking at my property and have trolled it pretty hard and obviously. Talking only gives them the opportunity to play the games people play. I am playing defensive ball. And I am a pretty good neighbor. I keep up my property and follow the law and am conscientious and wave and smile. But keep it at that.
@deidrabrey4043
@deidrabrey4043 2 жыл бұрын
@@9995-q1u wise choice. You can often tell when neighbors are up to something. Good fences make great neighbors. And sometimes some tactical distance makes the heart grow fonder.
@l.e.alvord6171
@l.e.alvord6171 3 жыл бұрын
You would not have to steal my house or property to see my dark side Not only would you leave my property you probably wouldn't leave it in one piece
@metaljack866
@metaljack866 2 жыл бұрын
What makes this law ridiculous , the only thing that should matter pertaining a piece of property is - who paid the property taxes for all those years . .. If the property taxes were not paid for a certain amount of time , the state would step in and repo the property , and I would guess that it won't matter if the next door neighbor or owner maintained it for a period of time , or not . ..it will still get taken for the past due property taxes .
@BozesanVlad
@BozesanVlad 2 жыл бұрын
The original idea of this law, in its diverse shapes and forms in different countries, is that someone can claim abandoned properties to make some use of them. In our old law was even stated that the one who claim it had to have good faith (our new law sadly award even one with ill intent.... but that's another discussion). So, as principle, is a good thing. But greed can pervert anything good. *a small edit: romans said that is no possesion with no owner, but everything is possesed by someone. That meant that if something is in existance, mobile or imobile as land, someone had to own it, or it will be to the first one to claim ownership. That's how Americas lands were taken in ownership by europeans, for example. Cos original inhabitants had no ideea that they "owned" that lands. Ridiculous, indeed :D
@metaljack866
@metaljack866 2 жыл бұрын
@@BozesanVlad indeed , thanks to your historical explanation on the subject , I get how it developed into a mess , but I still feel that the law today , in our day and age should stand with the owner that is paying the taxes on the recorded property . It would be not just logical but right in every way ..
@BozesanVlad
@BozesanVlad 2 жыл бұрын
@@metaljack866 lawfully in any country the simple possession and use, even paying the utilities or taxes, shouldn't matter in regard with ownership, except if the one that use that property could prove that the owner abandoned that property. Is the same with inheritance, even using and paying taxes for an estate, that doesn't count as acceptance of said inheritance, acceptance that is made as an act of will, at notary. We don't live in an ideal world and some judges take for themselves more liberties than the law permits. For the example given here, with the fence, is correct if the owner doesn't check/ ignore the tresspaser and doesn't take action. He himself, the owner, forfeit his rights... The act can be even a notification as first measure, than legal action with prejudice, or something like that. But. As I saw in my country, the new laws protect the ones that break the laws, so.... This is the way our world works now. And is getting worst.
@spartan114m
@spartan114m 5 жыл бұрын
Funny how the government can make someone else a owner of "your" property. Almost like it was never really yours. Kinda like leasing or renting a car.
@algrayson8965
@algrayson8965 5 жыл бұрын
No one really owns land in an absolute sense. How would you like to live where there's no register of deeds? Go to the grocery store and when you come back someone else is occupying "your" property. And he has family and friends who are all armed to the teeth. For some reason this brings to mind the Republic of Minerva. A bunch of idealistic Libertarian-Voluntaryists tried to build an island on an undersea mountain that was above the surface only at lowest low tide. They inquired of the island countries around and none had any claims on the seamount. These guys spent a lot of money building a seawall and filling it in with soil dredged from the sides of the seamount. After it was dry land on top, they declared the Republic of Minerva. Did some building, I think an airstrip. The king of Tonga came in his gunboats and chased them off. The island of Minerva is now territory of the Kingdom of Tonga. The Libertarians didn't seem to grasp that sovereignty requires the will and the physical ability to defend territory against challengers. They should have bought a submarine and a load of torpedoes. When the lead Tongan gunboat entered Minervan waters, it should have gone up in a cloud of water, smoke and pieces of gunboat. That would have established sovereignty. Some alliances might have helped, too.
@drunkbillygoat
@drunkbillygoat 3 жыл бұрын
As far as I'm concerned if you try to take someone else's property no matter the situation it's theft plain and simple.
@Cotronixco
@Cotronixco 3 жыл бұрын
I believe in most cases for the statutory number of years, neither party is aware of the actual border.
@wakinpossum4331
@wakinpossum4331 3 жыл бұрын
Sneaky, underhanded tactics, hmm , must have learned this behavior from tyrannical governments. Someone does shit on MY property I paid for, is getting set on fire!
@screenarts
@screenarts 3 жыл бұрын
Quaker State Oil took 225 acres of oil producing leased (leased to Quaker State ) land in Cherry Tree Pennsylvania from family back in 1968. Called a " cat and dog" affair? Could not hire a attorney from outside the county by some old "cannon laws". My aunt died after signing power Co easements in 1966, But Quaker State said they bought the property in 1966 but there is no record of that sale. County records still showed my aunt as owner. $$ Outside attorneys would have to open office in that county to do law there?? Quaker State owns Cherry Tree PA. My great great grand father brought in the second Oil well in Pennsylvania a week or so after Drake. My family was robbed by local laws and crooks. True story... We found out about the property in 1968 when Quaker State came to my family wanting us to sign a quick claim deed...
@buyerbware25
@buyerbware25 3 жыл бұрын
That would been a quit claim deed. I do not doubt your honesty, but you should be able to hire any attorney you want; "canon law" sounds like it would not exist in a state which was founded and settled by Protestants.
@clmorgan7
@clmorgan7 4 жыл бұрын
I encountered this situation in West Palm Beach, FL in 1989 with a neighbor and my newly purchased property. I applied for a fence permit and the drama started.
@ambilaevus7607
@ambilaevus7607 4 жыл бұрын
Same here, different state.
@harveyschindler9554
@harveyschindler9554 3 жыл бұрын
So how would you go about and remove a small section of your land from your tax bill. Or do you have to keep paying the taxes for the thief also?
@CarolReidCA
@CarolReidCA 3 жыл бұрын
It would seem you'd have to get an assessment.
@williamw5604
@williamw5604 3 жыл бұрын
Only an idiot doesn't request survey before buying any piece of property they are looking to buy.
@desireegoulett69
@desireegoulett69 2 жыл бұрын
Oregon is only 10 years, but it has some tough conditions to meet as follows: Oregon law sets a high bar for those seeking to claim ownership through adverse possession. The statute sets out detailed requirements, which generally include: The person claiming ownership by adverse possession must have actually used the property as though it were their own. Depending on the type of land at issue, this use might vary. It might mean farming the land, fencing it in or improving upon it. Grazing livestock isn’t enough by itself, however, to constitute “actual use.” The use must have been “open and notorious,” meaning it wasn’t done sneakily or under the radar. To anyone looking on, it must have appeared that the possessor owned the property at issue. The possessor must have used the property continuously for at least 10 years. The possession must have been “hostile” (rather than permissive), meaning it was in opposition to the true owner’s interests. The possessor must have been honestly (and reasonably) mistaken in believing they owned the property. As a result, intentional adverse possession isn’t possible in Oregon. Finally, in Oregon the possessor must prove each of the statutory elements by “clear and convincing evidence”-a high burden of proof that is more exacting than the usual “preponderance of the evidence” standard in civil cases.
@justicedemocrat9357
@justicedemocrat9357 2 жыл бұрын
OMG I don't care
@wwflguy
@wwflguy 2 жыл бұрын
This is a prime example of why surveys are important, you should always get a survey any time you buy a property especially if there is any question of the boundary lines.
@conradwoodiwiss7936
@conradwoodiwiss7936 3 жыл бұрын
And this is how the feud between the Hatfield and McCoys began, lol
@marywegrzyn506
@marywegrzyn506 3 жыл бұрын
It was over a pig that one thought the other stole.
@marklecher571
@marklecher571 2 жыл бұрын
One thing I remember about Adverse Possession is that you must KNOW that the other person is using your property and you do absolutely nothing. If you mention to them that it's your property that it's on, no adverse possession is possible.
@smithwilliamn7090
@smithwilliamn7090 2 жыл бұрын
Wouldn't the fact I paid the taxes for those 15 years be an affirmative argument against continuous use? Next issue is survey and title company?
@CarolReidCA
@CarolReidCA 3 жыл бұрын
When I was younger, a neighbor built a brick wall that was partially on our property... It was chalk lined and they were told, in writing, to move it over. After lots of drama, they finally moved it. You have to be on top of your property!
@angelaverbowski995
@angelaverbowski995 3 жыл бұрын
Don't try it with a million dollar house.. just poorer people is how it works.. yeah, try that with my property! One bullet and a damn shovel.. I don't call the police! 👀
@lilkittygirl
@lilkittygirl 2 жыл бұрын
Lmao
@alabamahamma1987
@alabamahamma1987 4 жыл бұрын
i get the fenceline thing makes sense. wonder about for example tho an abandoned house next door in detroit. if u incorporate your neighboring connected abandoned land into yours to protect the value of your own house (in other words redoing the house next door and rehabbing it or taking a piece of the yard) can it qualify as hostile ownership? interesting video btw thanks.
@BIGBADWOOD
@BIGBADWOOD 5 жыл бұрын
Did you hear about the trespasser that stole more chain then he could swim with !
@Cotronixco
@Cotronixco 3 жыл бұрын
Did you hear about the landowner who could not enjoy his land from prison?
@BIGBADWOOD
@BIGBADWOOD 3 жыл бұрын
@@Cotronixco Yea and big Bubba gave him a couple of acres !
@TheCommuted
@TheCommuted 4 жыл бұрын
California adverse possession is 5 years and I have a shared fence that replaced two fences, being on my property. However they also need to pay taxes.
@luxdevoid
@luxdevoid 4 жыл бұрын
You also cannot claim railroad right of way by adverse possession.
@psychastria
@psychastria 2 жыл бұрын
I thought adverse possession required that the property owner positively knows of the trespasser/neighbor using that land across the property line and approving, not caring, doing nothing about it, etc., and that if the property owner is not aware of that unpermitted usage then adverse possession cannot be claimed. (I'm in Michigan too, and some years ago had a problem with a neighbor using part of the land I just bought and claiming it was his, so that's one of the things my surveyor discussed with me. I also thought he said it was 10 years, not 15.)
@stephenmitchell3569
@stephenmitchell3569 4 жыл бұрын
This law sucks and abused on purpose.
@jasongarrett5437
@jasongarrett5437 4 жыл бұрын
People trying to take a house through adverse possession where I live were getting arrested for theft because their defense to trespassing was, “I was trying to take it without payment!” 😂 Their actual defense to a crime was they were knowingly committing a different crime!
@scatterbrain9490
@scatterbrain9490 3 жыл бұрын
These squatting and adverse laws are bs, just open doors for problems. If mistakes are made on property lines, then they are mistakes, if 16 or 99 years go by, shouldn't make a difference. The only people benefiting from these laws are the ones who didn't pay and the ones hurt are the rightful owners.
@Cotronixco
@Cotronixco 3 жыл бұрын
What if you found out that your house sits on the line?
@scatterbrain9490
@scatterbrain9490 3 жыл бұрын
@@Cotronixco Then mistakes were made and should be corrected.
@Cotronixco
@Cotronixco 3 жыл бұрын
@@scatterbrain9490 OK then, let's bulldoze your house.
@davidoltmans2725
@davidoltmans2725 3 жыл бұрын
My Grandmother’s property was condemned for a city easement/alleyway. The city took half of her property and a corresponding half from her neighbor. Eventually the alleyway was blocked at one end due to development and at the ten year mark, both my Grandma and her neighbor took back their land from the city. I don’t think the city was any wiser.
@peterdurnien9084
@peterdurnien9084 4 жыл бұрын
My family moved into a new build home when I was born, the back yard was 90 x 30 feet. when I was 14 my dad had an extension build on the side of the house and the land was surveyed. The surveyors discovered that the neighbours property ran into my dad's by 18" at the far end. Dad kicked up a stink about it but like his legal guy said, after 14 years its a bit late to complain. I don't know but he probably did not have a survey when he bought the place, and whats his loss? A very narrow wedge that he never knew about until the survey. I live in the UK.
@edwaggonersr.7446
@edwaggonersr.7446 5 жыл бұрын
I knew a businessman in Phoenix that specialized in buying commercial properties with abutting unused and unusable city property, alleys that had been abandon, easements that were no longer needed and etc. He did quite well.
@edwaggonersr.7446
@edwaggonersr.7446 5 жыл бұрын
@@BTFOOMNY He made his money because he was willing to do his homework and often times submit endless paper work in order to acquire city property. Sometimes the city was happy to let the property go for free, most times he had to purchase it. For example he purchased 100' of alley contiguous with an office building he hoped to purchase. The price of the office building was below market price for lack of parking. He purchased the property, taking the risk that he would or would not succeed in acquiring the contiguous alleyway. He succeeded and made a bundle of money after some sprucing up and paving. The key words, that you missed, in my original post is, "specialized in buying".
@johnfilmore7638
@johnfilmore7638 5 жыл бұрын
@@edwaggonersr.7446 I would imagine most cities tend to be more than happy to sell adjoining back alleys to private building owners, make them pay for upkeep, as well as tax them on it.
@edwaggonersr.7446
@edwaggonersr.7446 5 жыл бұрын
@@johnfilmore7638 I can only speak about what it was like in Phoenix, AZ area in the 1980s. The city didn't have a list of unused alleys and such. My friend would notice an alley or some other city property that was not being used by the city. He would then petition the city to declare it unused, then he would negotiate the purchase. This was a time consuming transaction, with lots of paper work, as you can imagine. At any given time he would have dozens of properties in the process, not all were successful.
@Docinaplane
@Docinaplane 5 жыл бұрын
I first ran into this on a trip to Uruguay. They have a national policy that is designed to help the homeless by allowing people to move into empty homes, and if they dwell there for a time period, the property becomes theirs. This has led to many people who have vacation homes that are empty much of the year to hire people to live there fo prevent this!
@freedomisfromtruth
@freedomisfromtruth 3 жыл бұрын
We would be available for this if its on a lake and maybe near mountains
@frotoe9289
@frotoe9289 5 жыл бұрын
Doing family heritage research 5 years ago I came across court records from where my great grandfather lost such a case. Someone had built a fence in the wrong place and nobody noticed for 15 years. When a survey was done eventually, the interloper simply refused to move the fence or pay for the land, took it to court, and they won ownership of a little strip of land. My ggfather lost like 1 acre out of 160. Which rang a bell... I remember my mom mentioning that event when I was a kid (and pretty completely incapabable of absorbing the details).
@johndale7430
@johndale7430 5 жыл бұрын
So what about these cases where you go on vacation, some con artist breaks in, changes your locks and rents your home out to a family. You came back, a strange family is living in your house and you can't make them leave? We have seen this in the news more than once. I can't understand how committing a crime (the con artist) allows someone else to be able to live in a home that was never put on the market? Doesn't seem like justice to me.
@johnfilmore7638
@johnfilmore7638 5 жыл бұрын
What state? Mine has very good Castle Doctrine laws, if an individual in my state comes home and the locks are not working with their key, they can either call a locksmith or break open their own locks to get into their house. If they see an intruder or intruders in their house and said intruders are acting in a threatening manner and they feel their life is being threatened, they may open fire in legal self defense to stop the threat to their lives, until the threat is neutralized. Make no mistake, someone who has broken into your house in my state is presumed to be attempting to cause grievous bodily harm, for which deadly force is allowed, and the burden of proof rest solely with the prosecution to prove there was anything but an unlawful entry, and that you knew it was anything but an unlawful entry. Kentucky courts have some of the strongest rulings supporting a property owners use of deadly force, if you dont want to die dont break into someones property here. Ironically, the counties where it's most enforced are some of the poorest and someones trailer on a mountain side is about the stupidest place to try and rob.
@moccasinlanding
@moccasinlanding 5 жыл бұрын
John Dale sounds like possession of stolen goods to me, which does not give any rights to the purchaser.
@SurmaSampo
@SurmaSampo 5 жыл бұрын
@@johnfilmore7638 So someone can get away with murder so long as they can convince the person to enter their house first as long as the house owner is smart enough to break a windows or damage the lock first. Seems like a law open to abuse.
@johnfilmore7638
@johnfilmore7638 5 жыл бұрын
@@SurmaSampo everything is tradeoffs, the 1 psycho who will dream up some entrapment of a random person to come to into their home without them there to kill them, is dwarfed by the 10000000 people who break in and rob and rape the victims. Second, just because people CAN does NOT mean they do, people are people and dont morph into killers even if allowed, I know people with intruders and they couldn't bring themselves to shoot someone even if they have the right. But the DETERRENCE factor is HUGE! Criminals who dont care about the risk of jail and know the police take forever to come, victimize with impunity. But they know they could get shot and killed if they try to rob and victimize or gang up to beat someone down, well THAT stops them in their tracks because NOONE wants a real risk of dying for a crime, even the toughest criminals.
@billybeemus3929
@billybeemus3929 5 жыл бұрын
Colorado had a high-profile incident of one of these cases maybe 10 years ago. A judge in Boulder took a huge chunk of his neighbor's land simply because his wife walked on it. Seriously. The judge used his connections with the courts to get an emergency injunction (or whatever) against the homeowner when the owner tried to build a fence late one Friday evening. Not only stopped the building of the fence, but literally took the guys land simply because his wife walked on the property. You or I would never get a court to send police out on a weekend, with maybe 15 minutes notice, to stop a legal homeowner from building a fence on his own property. And we could never take their property simply because we walked on it from time to time. Complete abuse of power.
@garywheeler7039
@garywheeler7039 5 жыл бұрын
You might be jumping to conclusions. The wife might have been allowed a right to pass over the property and could not be locked out by a fence. She may have gained an easement. Might have something to do with old anti fencing laws in Colorado.
@billybeemus3929
@billybeemus3929 5 жыл бұрын
@@garywheeler7039 - No, the judge took the property. Seriously. www.dailycamera.com/ci_13106856
@379pete8
@379pete8 3 жыл бұрын
Must be a democrat law.
@marywegrzyn506
@marywegrzyn506 3 жыл бұрын
That would be a republican law cuz they are greedy morons. They think everything is theirs. It's all about money.
@johndoe-zb8bm
@johndoe-zb8bm 3 жыл бұрын
@@marywegrzyn506 👈Okay KAREN!😂🤣😘
@gerardtrigo380
@gerardtrigo380 5 жыл бұрын
In Louisiana the term is 10 years, but other than that it is the same as in Michigan. There are cases on the books of people taking possession of homes in New Orleans, fixing them up and openly living in them for 10 years, than owning the homes, paying for nothing more than the restoration of the damaged property. However, this was risky and many lost a lot when the original owner showed up 6 years after the storm to reclaim their property.
@davidca96
@davidca96 5 жыл бұрын
I live in Michigan and never knew this, its kind of messed up in my opinion.
@Cotronixco
@Cotronixco 3 жыл бұрын
It's a great law. Makes people pay attention to their boundaries, and does not allow lawsuits for things that occurred 50 years ago.
@TITHONIA1
@TITHONIA1 5 жыл бұрын
The trespasser of my property may end up being a 'post-mortem' owner.
@thenormalyears
@thenormalyears 3 жыл бұрын
you dont have any property tho you just think you will someday lol
@anthonysnyder5609
@anthonysnyder5609 3 жыл бұрын
The situation described would require a tax reassessment for both properties and a new survey. Absolute foolishness
@John76546-x
@John76546-x 5 жыл бұрын
Why is your copyright (c) Stve Lehto and NOT(c) Steve Lehto ?
@stevelehto
@stevelehto 5 жыл бұрын
Typo. I hate when that happens. (But thanks for watching to the end!)
@michaelhunter3101
@michaelhunter3101 3 жыл бұрын
Come on my property without my permission, may the odds be ever in your favor
@steveschritz1823
@steveschritz1823 2 жыл бұрын
I remember several years ago reading about a military guy coming back from his tour overseas to find someone living in his house and the sheriff wouldn’t evict the squatter for … reasons. I’ve also heard about scammers getting a deed transferred to themselves through some kind of identity theft.
@harpintn
@harpintn 2 жыл бұрын
That is when you call a few of your military buddies and do an adverse repossession on the squatters.
@MrSeanVideos
@MrSeanVideos 5 жыл бұрын
I just looked up what the amount of time it is for here in Maryland. It is 20 years.
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