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LAND LAWS

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skipll
Join Date: Feb 2011
Posts: 184 Robbisville NC USA
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2011-03-23          177526


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?

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auerbach
Join Date: Sep 2007
Posts: 2168 West of Toronto
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2011-03-23          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.) ....

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skipll
Join Date: Feb 2011
Posts: 184 Robbisville NC USA
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2011-03-23          177530


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 ....

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Murf
Join Date: Dec 1999
Posts: 7141 Toronto Area, Ontario, Canada
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2011-03-23          177531


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. ....

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hardwood
Join Date: Dec 2002
Posts: 3583 iowa
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2011-03-23          177535


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. ....

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kthompson
Join Date: Oct 2005
Posts: 5219 South Carolina
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2011-03-23          177541


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: ....

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auerbach
Join Date: Sep 2007
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2011-03-23          177544


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. ....

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kthompson
Join Date: Oct 2005
Posts: 5219 South Carolina
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2011-03-23          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.

....

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skipll
Join Date: Feb 2011
Posts: 184 Robbisville NC USA
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2011-03-23          177552


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. ....

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Murf
Join Date: Dec 1999
Posts: 7141 Toronto Area, Ontario, Canada
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2011-03-24          177564


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. LOL ....

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kthompson
Join Date: Oct 2005
Posts: 5219 South Carolina
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2011-03-25          177599


Quote:
Originally Posted by Murf | view 177564
A nut case & an old daft feller up there in those hills? Nooooooooooo. LOL


Murf I am with you. thought one of was in Michigan running round in circles. But I just saying...Okay Jeff been long enough you were due it. ....

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