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Old 07-05-2015, 05:10 PM   #16
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@nap Some or all of that may be true in MI. Most of it is not true here so I think we should be clear that the laws of Adverse Possession and local code enforcement do vary from state to state.
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Old 07-05-2015, 06:07 PM   #17
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@nap Some or all of that may be true in MI. Most of it is not true here so I think we should be clear that the laws of Adverse Possession and local code enforcement do vary from state to state.

Please tell me which of my statements do not apply to Kentucky. While my statements are quite general they do apply to just about every state in the country. There are variations in the time lines and some specific requirements in some states but in general prescriptive easements and adverse possession are a concern in almost every state.
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Old 07-05-2015, 06:26 PM   #18
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I think nap pointed out a very valid concern. I bought a house once and quickly noticed the city's fence (path and park next to my house) was significantly on my property. Turns out, if I would have let the fence be there a few more years, city would have had the right to leave it there.

A $70 consultation with a lawyer could be a good investment to tell you exactly where you stand.
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Old 07-05-2015, 07:56 PM   #19
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re: adverse possession in Illinois:

Quote:
In Illinois, the duration of such possession is seven (7) years when made under color of title and twenty (20) years otherwise. Illinois Code 735-5/13 through 101, 107, 109, 110.
re: prescriptive easement in Illinois

Quote:
In Illinois, the period of adverse use must be at least twenty (20) years. This type of easement does not arise if the owner of the servient estate posts a conspicuous notice on the real estate stating that the use of it is permitted and subject to his/her control. Illinois Code 735-5/13-122.
if you want something more descriptive, ask.

the sign mentioned in the statement regarding prescriptive easement is granting a license as I suggested. You can do it with an ugly sign which covers everybody or you can do it with a letter on an individual basis.

and re: Kentucky

prescriptive easement:

Quote:
In Kentucky, the period of adverse use must be at least seven (7) years if held under patent and fifteen (15) years otherwise. Kentucky Code 413.050.
adverse possession:

Quote:
In Kentucky, the duration of such possession is seven (7) years if held under patent from the state and fifteen (15) years otherwise. Kentucky Code 413.010, .050, .060.
the requirements for AP are exclusive use adverse to the owners intent, open and notorious for the requisite period of time. Prescriptive easement is the same except for the exclusive part.

to the local code enforcement issue:

sure each board is going to do things "their way" but most of them will not get into the middle of a civil (not civil as in nice but civil as in not criminal) disagreement between neighbors. They will let the neighbors spend their own money to fight it out. When it comes to encroachments most boards I have dealt with or heard of will not push the issue on their own but only on the complaint of a neighbor. They then play this little game where they expect the comlainant to prove there is an encroachment by providing a survey, at the homeowners expense of course.

I have seen a few instances where the township board has taken it upon themselves to determine there is a violation but what they usually do in those situations are issue a citation and let the owner cited defend the citation which usually requires they obtain an survey, at their cost of course.

the homeowner would have been smart by saying; no, it is not a violation but if you believe it is; prove it. The board can either hire a survey or plan on losing the suit. If everybody recalls; it is the state's obligation to prove their case. It is not a defendant's obligation they have not committed the violation. If the state cannot prove their case, they lose.

Last edited by nap; 07-05-2015 at 08:14 PM.
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Old 07-05-2015, 08:12 PM   #20
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I'm am relying on the advice of a member of the KY Bar Association and not what I read on the Internet. One might be able to make a case when rural land is involved but the laws regarding platted subdivision make it virtually impossible in Urban areas.

Open, visible and hostile intent to possess is a very tough thing to prove which one must do to gain legal title in the Commonwealth of KY.

Structures that violate local ordinances do not require a complaint for code enforcement to take action. They often deal with them on a proactive basis. Most routine stuff is complaint drive.
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Old 07-05-2015, 10:47 PM   #21
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I'm am relying on the advice of a member of the KY Bar Association and not what I read on the Internet. One might be able to make a case when rural land is involved but the laws regarding platted subdivision make it virtually impossible in Urban areas.

Open, visible and hostile intent to possess is a very tough thing to prove which one must do to gain legal title in the Commonwealth of KY.

Structures that violate local ordinances do not require a complaint for code enforcement to take action. They often deal with them on a proactive basis. Most routine stuff is complaint drive.
well, it appears your member of the KY bar is incorrect. Chase the statutes listed in what I gave you. Do you want case law? I can likely find a few dozen cases if you would care to read them.


and no, open, visible and hostile (which does not mean aggressive but simply adverse to the owners intent) is not difficult to prove when there is an air conditioning condenser setting there and if a permit was pulled it will date when it was installed. You do realize that in fix'n it's situation there is open notorious and adverse possession and he has even acknowledged that the neighbors condenser is on his property.

as far as code complaint: we are talking about issues that affect a neighbor but may not be clearly a code violation but hey, whatever.

and we were talking about prescriptive easement too which does not mean the possessor takes title to the land.

Last edited by nap; 07-05-2015 at 10:50 PM.
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Old 07-05-2015, 11:27 PM   #22
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Someones survey is wrong, because that building is too close for code anywhere. Hire a registered surveyor and perfect your title before it is an issue, like you wanting to sell.
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Old 07-06-2015, 12:02 AM   #23
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I appreciate that it can be frustrating when a bunch of random people on the internet tell you they think you're making a mistake. But there is a reason they're all saying this is a problem.

Hey, it's your property; if you don't mind risking losing a chunk of it, having trouble getting a mortgage refinancing, risking liability your insurer might not cover when some idiot hurts himself on one of your neighbor's structures on your property, and risking having a title company or bank refuse to approve the purchase of the property when you go to sell it, causing the buyer's financing to fall through, it's entirely up to you.

Please, don't rely on the internet for legal advice, even when it is more right than the bar member you were talking to, who may not have looked at adverse possession since law school. Rely on it to tell you enough that you need to talk to a *different* bar member for a second opinion. Probably someone who has experience with real estate closings in your area and *preferably* someone who has litigated adverse possession before.
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Old 07-06-2015, 12:32 AM   #24
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Someones survey is wrong, because that building is too close for code anywhere. Hire a registered surveyor and perfect your title before it is an issue, like you wanting to sell.
^^That^^

Building a house right on the property line? That is a no no even in Louisiana.

For once I agree with NAP about the adverse possession.

You really need to confirm those property lines.
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Old 07-06-2015, 12:39 AM   #25
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while there are places that have what is called a zero lot line where you can build right to the property line, fix'n it's locale doesn't look typical for such as well as the fact he specifically states there is a 5' set off required when building.

and is fix'n its garage 5 feet off that line the other way? Hard to tell but it does look pretty tight to me.
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Old 07-06-2015, 09:47 PM   #26
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Someones survey is wrong, because that building is too close for code anywhere. Hire a registered surveyor and perfect your title before it is an issue, like you wanting to sell.
no, it is not wrong. who knows the real story. but "back in the day" someone made a mistake and built many houses on my block right next to the line. or for some reason they did it on purpose, who knows. but, it has been "gransfathered in".
my good neighbor on the other side has NO usable left side yard. my house is not as old as theirs and they built it in the proper location per the property lines, kinda.

when my garage was built in 09. they got a garage company to build it, $13,500, driveway was $3500 iirc. they got all surveys and permits. and i have them all. my garage is 5' off that property line. though, when i bought the place, that wire fence was right next to the garage. when i discovered this i got to work moving it to where you see.


on a side note. i have in my possession about 1 1/2' or more of my good neighbors property. the now gone old garage was built over the line, slab is still there, with a fence and gate. the old driveway is gone,. but i cut the grass. in the back yard, whomever put the fence 1 1/2' off the line to their side.. they have told us "we don;t care". but, i have no plans what so ever to take claim to this land, even if they gave it to us. and, they are more than welcome to take it back any time they want.


aannyywwaayy
i am looking for an opportunity to talk the the issue neighbor. but i don't see him around much these days.
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Old 07-07-2015, 11:39 AM   #27
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I would look up the term, "Adverse Possession"., if I were you. You need to make clear this person is using your land without permission.
If you allow him to continue using your land, it can become, "his" land over time through, Adverse Possession.
Friend of mine had this issue with his neighbor. Wooded plot of land and this guy cleared out a section and built a shed and a play unit. Turned out he was over the property line by 24 feet. Even after a survey was done and this guy was notified, he ignored the survey.
It took going to Court to get this guy to remove the structures.
My friend has since put up a fence to separate the plots.
Failure to fix the issue can be problematic if one of you tries to sell your property.
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Old 07-08-2015, 09:25 PM   #28
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i just knocked on his door, no answer. they have many cars, so i can't go by that.
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Old 07-08-2015, 11:13 PM   #29
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i just knocked on his door, no answer. they have many cars, so i can't go by that.
This isn't that type of informal notification. This is a registered letter with a return receipt type of notification. This you keep on file along with your survey so you have recourse later on when you or he sells the house and a dispute arises.
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Old 07-08-2015, 11:26 PM   #30
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Quote:
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This isn't that type of informal notification. This is a registered letter with a return receipt type of notification. This you keep on file along with your survey so you have recourse later on when you or he sells the house and a dispute arises.
If he isn't going to move his stuff, Consult Lawyer. Consult Lawyer. Consult Lawyer.

A letter like that won't necessarily protect you come sale time.
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