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jJim McLaughlin jJim McLaughlin is offline
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Default Want to buy 10' of neighbors yard and build a fence

Ivan Vegvary wrote:
"Tim Smith" wrote in message
...

In article GNv2i.7111$vu2.5936@trndny01,
"Ivan Vegvary" wrote:

After seven years (or some interval of time), adverse possession kicks
in
and the land is yours.


WRONG!!
1) The possession has to be truly adverse. That is, both parties must
know
about it, disagree about it, and disagree over a seven year period (or
whatever the statute of limitations in that state).


That sure doesn't fit in with my recollection from property classes in
law school, and a bit of Googling verifies that it is mostly wrong:

http://www.lectlaw.com/files/lat06.htm



--Tim Smith



I guess you didn't want to read down to the first paragraph of your above
citations.
to wit:
"A trespasser is entitled to legal ownership of property if his occupation
of the property is hostile, actual, open and notorious,
exclusive and continuous for a period of years set by state statute."

What part of "hostile, open and notorious" make you think that there is no
requirement that both parties must know and disagree about the trespass?

Get your money back on your law classes!!

Ivan Vegvary


What a maroon.

"Hostile, open and notorious" are defined in English common law cases
stretching back nearly a thousand years, and in searate lines of case law
in 49 US states after 1789.

Many states have decided to codify by egislation ow adverse possession
works.
Many more have not.

To think, as Ivan does, that a "Black's Law Dctionary" type definition
of"adverse possession" is all th OP needs is an amazing dislay of
ignorance and ignorance.

People relying upon olks like Ivan for legal advice have helped make
me a comfortable lving as a lawyer over the years.

Keep it up Ivan! You go, guy. And I hope lots of folks take
your expert legal advice posted in a Usenet forum.

Heh, heh, heh.