LAND LAWS: Buying Ranch Farm Acreage  -- Home Building Discussion Forum and Review LAND LAWS: Buying Ranch Farm Acreage -- Home Building Discussion Forum

  parts   |   manuals   |   discussion   |   photos   |   podcast   |   reviews   |   specs   |   dealers   |   classifieds   |   contact   |   faq   |   myProfile   |   home          Login Now | Sign Up


FAQ:   What is a tractor?

Forum Index
New As Posted | Active Subjects



www.emerichsales.com - New & Used Equipment
          View Tractors For Sale!


www.partsbynet.com - Lawn and Garden Equipment Parts


Bernardsville Landscape Lighting
Click to Post a New Message!

Discussion Boards > Active Subjects > Messages as Posted > Buying Ranch Farm Acreage Forum

Page [ 1 ] | 2 | | Next >>
Reply | Pop Up Window Reply | Add PhotoAdd Photo
 03-23-2011, 10:05 Post: 177526
skipll



View my Photos

View my Photos  Pics
Join Date: Feb 2011
Location: Robbisville NC USA
TractorPoint Premium Member -- 5 Tractors = Very Frequent Poster
Posts: 184

3
Filter by User
 LAND LAWS

Have neibors below that are fueding. Neibor #1 has been useing a small portion of land that is on the edge of niebhor # 2 property( driveway & equip. parking ). He has been using it for 25 + years. Neibor #2 is not liking it any more.
Neibor #1 says there is some kind of law thats says because he has been using the land for so long that he can continue using it lawfully.
Anyone heard of such a law?
I would assume that not all states use the same laws---This is in North Carolina.
Is there a link to this subject?






Reply to PostReply | Quote Post Reply to PostQuote Reply | Add PhotoAdd Photo




Bookmarks: Digg It | Del.icio.us | Technorati | Furl | Stumble This

 03-23-2011, 10:35 Post: 177527
auerbach



View my Photos

View my Photos  Pics
Join Date: Sep 2007
Location: West of Toronto
TractorPoint Premium Member -- 5 Tractors = Very Frequent Poster
Posts: 2168

2
Filter by User
 LAND LAWS

Such rights do exist in law, under various old terminology. Tell the neighbor you want to help to consult a lawyer or to look up on the internet "squatters rights," "eminent domain," or "adverse possession" plus the name of the state.

For instance, in some jurisdictions, if you use unoccupied land continuously for a ten-year period during all of which time you fenced or otherwise marked it as for your own exclusive use, you can then claim it as yours. However, generally some authority (higher than a justice of the peace, such as a state-level judge) can accept or reject the takeover.

Sometimes, rather than a costly court dispute, the two parties settle on a compromise, such as a change to the property deed giving the squatter some of the disputed property. (Typically the one who gains pays the costs, and undertakes to not make further such claims.)






Reply to PostReply | Quote Post Reply to PostQuote Reply | Add PhotoAdd Photo




Bookmarks: Digg It | Del.icio.us | Technorati | Furl | Stumble This

 03-23-2011, 10:56 Post: 177530
skipll



View my Photos

View my Photos  Pics
Join Date: Feb 2011
Location: Robbisville NC USA
TractorPoint Premium Member -- 5 Tractors = Very Frequent Poster
Posts: 184

3
Filter by User
 LAND LAWS

Quote:
Originally Posted by auerbach | view 177527
Such rights do exist in law, under various old terminology. Tell the neighbor you want to help to consult a lawyer or to look up on the internet "squatters rights," "eminent domain," or "adverse possession" plus the name of the state.For instance, in some jurisdictions, if you use unoccupied land continuously for a ten-year period during all of which time you fenced or otherwise marked it as for your own exclusive use, you can then claim it as yours. However, generally some authority (higher than a justice of the peace, such as a state-level judge) can accept or reject the takeover.Sometimes, rather than a costly court dispute, the two parties settle on a compromise, such as a change to the property deed giving the squatter some of the disputed property. (Typically the one who gains pays the costs, and undertakes to not make further such claims.)



Thanks for taking the time to post a reply--I took a look at "Adverse possesion" as you noted---Pretty much as you said in your reply.
Thanks again auerbach






Reply to PostReply | Quote Post Reply to PostQuote Reply | Add PhotoAdd Photo




Bookmarks: Digg It | Del.icio.us | Technorati | Furl | Stumble This

 03-23-2011, 11:11 Post: 177531
Murf

TP Contributor

View my Photos

View my Photos  Pics
Join Date: Dec 1999
Location: Toronto Area, Ontario, Canada
TractorPoint Premium Member -- 5 Tractors = Very Frequent Poster
Posts: 7012

2
Filter by User
 LAND LAWS

The one addition I would stick in there is that as the name implies, it must be adverse possession.

In laymans terms, it has to be contrary to what the owner uses it for, and in fact, usually it also has to prevent the owners use of the land. The most common example of that would be a portion of land on the 'wrong' side of a fence, thus fencing the owner out of his own land.

So if the driveway as an example was a mutual driveway, in other words the adjoining owner was only using a driveway on someone else's lands, the best they could hope for would be a judge to say they had a right of way over the driveway.

However, usually anything as small as a "private property" or "no trespassing" sign blows all that to heck.


Best of luck.






Reply to PostReply | Quote Post Reply to PostQuote Reply | Add PhotoAdd Photo




Bookmarks: Digg It | Del.icio.us | Technorati | Furl | Stumble This

 03-23-2011, 12:54 Post: 177535
hardwood

TP Contributor

Join Date: Dec 2002
Location: iowa
TractorPoint Premium Member -- 5 Tractors = Very Frequent Poster
Posts: 3582
 LAND LAWS

Like was said all states have different rules and regulations on such things.
I wasn't involved but I did know the outcome of this situation.
Party # 1 owned some farmland that was landlocked on three sides by Party # 2 and on the fourth side by a river
For years Party # 1 on a friendly basis had driven across Party #2 to farm the landlocked land.
Party # 1 dies, his estate sells the farmland to another person whom Party #2 didn't like. Party #2 puts up a fence and gate with no trespassing signs. Court found in favor of the new owner to cross the property of Party 2.
Right or wrong, I don't know, but just an example of what can happen.
Frank.






Reply to PostReply | Quote Post Reply to PostQuote Reply | Add PhotoAdd Photo




Bookmarks: Digg It | Del.icio.us | Technorati | Furl | Stumble This

 03-23-2011, 15:27 Post: 177541
kthompson



View my Photos

View my Photos  Pics
Join Date: Oct 2005
Location: South Carolina
TractorPoint Premium Member -- 5 Tractors = Very Frequent Poster
Posts: 5089

3
Filter by User
 LAND LAWS

In my own county in SC (and SC and NC have many laws a lot alike)have know it to go both ways in court. The land lock owner was given access across another property but had to pay for it; person had allowed a drive way to be established across his property after couple of years was not allowed to close or restrict it; established dirt road was allowed to be cut into in at least two cases I know of making two dead end roads in both preventing through traffic. In one there were no houses involved and the other there were many houses on the road.

Don't think you will find an answer it always happens this way:






Reply to PostReply | Quote Post Reply to PostQuote Reply | Add PhotoAdd Photo




Bookmarks: Digg It | Del.icio.us | Technorati | Furl | Stumble This

 03-23-2011, 16:38 Post: 177544
auerbach



View my Photos

View my Photos  Pics
Join Date: Sep 2007
Location: West of Toronto
TractorPoint Premium Member -- 5 Tractors = Very Frequent Poster
Posts: 2168

2
Filter by User
 LAND LAWS

If it goes to court, as a matter of course the owner would demand legal PROOF from the claimant that he had done everything the law requires to win an adverse-possession claim. That can be hard to do.

In the case you cite, you/they might look into mediation or arbitration services. Many jurisdictions encourage this, especially for this type of dispute. (A mediator tries to resolve it to the reasonable satisfaction of both sides; an arbitrator hears both sides and comes to a binding ruling like a judge.) These services can be low cost or even free. Or they can hire their own, such as a retired lawyer.

If it were me, I might suggest that the claimant signs a quit-claim relinquishing interest in the disputed turf, and pays a nominal fee such as $50 to the owner, who in turn signs that the claimant may continue using it as in the past, for a further five years. That way they both win.






Reply to PostReply | Quote Post Reply to PostQuote Reply | Add PhotoAdd Photo




Bookmarks: Digg It | Del.icio.us | Technorati | Furl | Stumble This

 03-23-2011, 17:45 Post: 177548
kthompson



View my Photos

View my Photos  Pics
Join Date: Oct 2005
Location: South Carolina
TractorPoint Premium Member -- 5 Tractors = Very Frequent Poster
Posts: 5089

3
Filter by User
 LAND LAWS

I have one suggestion for you, be very careful how you get drawn into this. Unless you are 125% sure you can help friends then run. There will be hard feelings and a looser if it goes to court. One will not be pleased by anyone's part in it, possibly both of them. Those who I know with such issues always have long, strong and often hard feelings. Never had one to go to court but we deal with access issues too often on what little we have and one neighbor who can never understand our land is not his to use. It is over and over and over with him. Have had very simple...get your junk off our land...conversation with him and before you know it, he has something else sitting on it.






Reply to PostReply | Quote Post Reply to PostQuote Reply | Add PhotoAdd Photo




Bookmarks: Digg It | Del.icio.us | Technorati | Furl | Stumble This

 03-23-2011, 18:55 Post: 177552
skipll



View my Photos

View my Photos  Pics
Join Date: Feb 2011
Location: Robbisville NC USA
TractorPoint Premium Member -- 5 Tractors = Very Frequent Poster
Posts: 184

3
Filter by User
 LAND LAWS

Quote:
Originally Posted by kthompson | view 177548
I have one suggestion for you, be very careful how you get drawn into this. Unless you are 125% sure you can help friends then run. There will be hard feelings and a looser if it goes to court. One will not be pleased by anyone's part in it, possibly both of them. Those who I know with such issues always have long, strong and often hard feelings. Never had one to go to court but we deal with access issues too often on what little we have and one neighbor who can never understand our land is not his to use. It is over and over and over with him. Have had very simple...get your junk off our land...conversation with him and before you know it, he has something else sitting on it.


Well all this was for my information---Have heard of this in the past & wanted to know more about it. I don't intend to get invoved in any way, cause one is a nut case & the other is old & daft ( Like me ).

I avoid them both, best that I can, though if they need physcial help I will do that---of this matter I'm out of it.






Reply to PostReply | Quote Post Reply to PostQuote Reply | Add PhotoAdd Photo




Bookmarks: Digg It | Del.icio.us | Technorati | Furl | Stumble This

 03-24-2011, 14:32 Post: 177564
Murf

TP Contributor

View my Photos

View my Photos  Pics
Join Date: Dec 1999
Location: Toronto Area, Ontario, Canada
TractorPoint Premium Member -- 5 Tractors = Very Frequent Poster
Posts: 7012

2
Filter by User
 LAND LAWS

Quote:
Originally Posted by skipll | view 177552
I don't intend to get invoved in any way, cause one is a nut case &the other is old & daft ( Like me ).



A nut case & an old daft feller up there in those hills?

Nooooooooooo. Laughing out loud






Reply to PostReply | Quote Post Reply to PostQuote Reply | Add PhotoAdd Photo




Bookmarks: Digg It | Del.icio.us | Technorati | Furl | Stumble This

Reply | Pop Up Window Reply | Add PhotoAdd Photo


Page [ 1 ] | 2 | | Next >>

Discussion Boards > Active Subjects > Messages as Posted > Buying Ranch Farm Acreage Forum

Thread 177526 Filter by Poster:
auerbach 2 | hardwood 1 | kthompson 3 | Murf 2 | skipll 3 |




Most Viewed

+ Buying that Perfect Small Farm
+ LAND LAWS
+ Land w/ overhead High power lines
+ Brokenarrows new place
+ Ergh!! Man, buying a new place sucks!!
+ A bit of God's Green Acres
+ Av8r's Movement
+ Any Ideas?
+ bought some land
+ 107 acres Berkshire Foothills

Most Discussion

+ Buying that Perfect Small Farm
+ Brokenarrows new place
+ A bit of God's Green Acres
+ Av8r's Movement
+ Land w/ overhead High power li
+ Ergh!! Man, buying a new plac
+ LAND LAWS
+ bought some land
+ Any Ideas?
+ Time to sell federal land?

Newest Topics

+ LAND LAWS
+ bought some land
+ 107 acres Berkshire Foothills
+ Ergh!! Man, buying a new place sucks!!
+ Brokenarrows new place
+ Av8r's Movement
+ Time to sell federal land?
+ Land w/ overhead High power lines
+ A bit of God's Green Acres
+ Any Ideas?













Turbochargers for Tractors and Industrial Machines
Cab Glass for Tractors and Industrial Machines

Alternators for Tractors and Industrial Machines
Radiators for Tractors and Industrial Machines

Driveline Components for Tractors and Industrial Machines
Starter Motors for Tractors and Industrial Machines