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Old 05-28-2013, 01:05 PM   #1
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Easement, Adverse Possession, etc


This is a pretty good write up on the above subject. I know it pertains to California, but for the most part, these rules/laws are pretty consistent from state to state. It would appear the biggest difference is statue of limitations.

http://www.dot.ca.gov/hq/row/landsur...Possession.pdf

The thread on "Block the Neighbors" got me looking at this. I for one would not be happy with someone owning part of my property without paying for it.

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Old 05-28-2013, 03:18 PM   #2
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Easement, Adverse Possession, etc


Title by adverse possession began in medevial times, given the number of large estates and absentee landowners, squatters often entered and stayed on the land for long periods.

When an individual takes possession of the property, hostile to, and without consent of the owner and remains in exclusive possession using the land like the owner and ignoring the claim of the owner. It is possible, by adverse possession for the occupier of the land to extinguish the title of the owner.

The possessor then becomes, in effect, the owner of the land.

The possession must be open, exclusive and continuous for a period without the consent of the owner, but with the owners knowledge.

Adverse possession ceases to be effective if interrupted by the owner before the limition period has elapsed, or if the land is abandoned by the occupier

Adverse possession can occur only to areas still under the old land registry system. No title by adverse possession can occur in jurisdictions that are under the new Land Title system. It has been provided by statue that the title of the registered owner cannot be extinguished by adverse possession

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Old 05-28-2013, 03:21 PM   #3
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Easement, Adverse Possession, etc


Good info...thanks....I was sort of wondering how it started and why....makes since. I was thinking it evolved from the initially settling of the West here in the US...but I guess it goes back a lot further.
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Old 06-16-2013, 07:46 AM   #4
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Easement, Adverse Possession, etc


Thanks for sharing
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Old 06-16-2013, 01:10 PM   #5
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Easement, Adverse Possession, etc


Quote:
No title by adverse possession can occur in jurisdictions that are under the new Land Title system.
What new Land Title system ?
Do you mean the Torrens title ? While it is commonly used in British Commonwealth nations, only a few US states have attempted to use it.
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Old 06-16-2013, 03:36 PM   #6
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I kind of like the Old West ways. Mess with my land, and I shoot you.
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Old 06-17-2013, 06:32 PM   #7
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Easement, Adverse Possession, etc


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I kind of like the Old West ways. Mess with my land, and I shoot you.
I use the "I marked the property line with those landmines" technique

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