I figure it this way, I would not go to a Mormon to find out about jws; so as Nathan said, going to a real estate lawyer about real estate law is the smart thing to do.
Question on real estate dispute
by Gerard 19 Replies latest jw friends
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Gerard
I figure it this way, I would not go to a Mormon to find out about jws; so as Nathan said, going to a real estate lawyer about real estate law is the smart thing to do. -Blondie
Sure, I will lawyer up. And I am in the process of getting very good information this weekend previous to my meeting with a real estate attorney on Monday.
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AGuest
I am in the process of getting very good information this weekend previous to my meeting with a real estate attorney
Which is a good thing, dear Gerard (peace to you!). Unfortunately, not everyone has this privilege because legal "information" can be as expensive as legal "advice." Very few who DO know will share it with you for free. But if you can get it (information) you might be able to ask better questions, as well as have a frame of reference when speaking with an attorney (who's going to charge you for virtually every word he/she gives you, one way or another - either more $$... or less words).
It's yet another reason I went to law school - it just blew me away that average folks can't even get a basic cursory answer/explanation to a legal matter without paying for it. Layfolks think that's because the law is SO... ummmm... difficult to understand... that only lawyers must be asked. What you learn in law school is that illusion was and is created... by lawyers. There are so MANY lawyers, so MUCH competition... and the cost of law school is so expensive (not because the knowledge is so much of a specialty but because it's purpose was to "weed out" lesser desirables from the craft, formerly a very tight good old boys "club")... that school loans can't be paid off if you "give it away free."
I agree with this, outside of my family... and my friends (which I consider those here to be, on some level). Beyond my family and friends, however, I get paid for whatever work I perform, information I offer, and advice I give as to a legal issue (and, yes, because of my job there are some things I can give advice on, under California law).
I am glad what I shared at least let you know what you may be dealing with... and perhaps give you some ability to have an informed conversation with your attorney. At any rate... it was free, so...
Again, peace to you!
A slave of Christ,
SA
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Justitia Themis
Will our mortgage bank, real state agency or Title Services company involved in the purchase of the property back us up?
Check your Title policy. Often times there is a clause that they will not represent you re: adverse possession.
What are our rights here? What are the chances of him getting his way in court?
Speaking generally and without specificity to your State's laws, he has the potential for an easement/adverse possession claim against your property. I just finished this section two weeks ago in my property class. From now on, I will not let people do sh*t on my land. If you have been allowing him access through your land for 20 years, you have some serious legal issues now.
Do we need to lawyer up?
Yes, yes, yes. And you need to start asserting trespass everytime you find him on your land.
Here are some cases from my property case book:
Trespass/right to exclude:
Jacque v. Steenberg Homes, Inc. *read this one; most all of these are online; look for the "legal brief."
Adams v. Cleveland-Cliffs Iron Co.
Watchtower Bible and Tract Society of New York v. Village of Stratton *yes, we did review this in class related to property rights.
Adverse Possession
Tran v. Macha
Howard v. Kunto
Mannillo v. Gorski
Easements, Non--Express Creation
Thompson v. E.I.G
Schwab v. timmons
Marrone v. Washington Jockey Club
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JeffT
From now on, I will not let people do sh*t on my land.
The first line of defense to adverse possession. About twenty years ago I worked for a sleaze bag real estate mogul (Justia, I don't want to mention a name here, but you probably talked about him in your class. He's bankrupt and last I heard under federal investigation). Twice while I was working for him he grabbed land based on adverse possession. Once involved having his sign sit on the propety in question (along, bu outside of the public right of way for a street fronting part of his property). The second time was a case very much like this one. He bought a patch of land from one little old lady who had been growing apples on what turned out to be land owned by another little old lady. Second little old lady never complained about it, and my employer was successful in claiming the land went with the property he bought.
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CuriousButterfly
I know in Massachusetts there a law,"easement of perscription". This bascially means if someone has had access to a part of your property for over 20 yrs they cannot be prohibited from accessing it. I believe even if you buy the property this "easement" goes along with the new owners". From what I understand there have been cases when this was not recorded with the county.
Here is info on WI:
Wisconsin:
In Wisconsin, the period of adverse use must be at least twenty (20) years. Wisconsin Code ยง 893.28.
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Snoozy
Who has been paying taxes on it all these years?
Snoozy
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jamiebowers
If in fact there is an easement agreement or Quit Claim Deed that wasn't revealed in your original title search, there may be compensation due from the title insurance company that was involved when you purchased the property. That's what it's there for to cover any defects in the title that may cause the lender or owner any monitary loss etc.
That's not necessarily true, because it depends on what kind of title insurance you had. We had a problem with our property, so I know that for sure. Get an attorney fast!
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Out at Last!
I just had that in my real estate class too, but many things to consider, and laws differ from state to state. usually the first meeting with a lawyer is free if you just discuss if you have enough on your side to win if it would go to court. Good luck.
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Gerard
Well our 1st meeting with the lawyer went OK. He indicated that it seems that the party at fault was the title service company and that he will push to fix this. Some tentative actions he started working on is force the title company "buy" the easement from our neighbors for us, buy our land or compen$ation for the loss of our real estate value.
We'll se what develops. And yes, posting here before our meeting with him was invaluable, as we had a much better idea of the situation. Hell, on Saturday we did not even know yet what "easement" meant...