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Metalworking (rec.crafts.metalworking) Discuss various aspects of working with metal, such as machining, welding, metal joining, screwing, casting, hardening/tempering, blacksmithing/forging, spinning and hammer work, sheet metal work. |
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#41
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real estate auction
Note that while I am firmly obliged to proceed with this transaction,
the seller (bank) still has to approve the sale. I hope that they do so. i |
#42
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real estate auction
I think most folks here are getting a plat of survey confused with a plat
map. A plat map is a large map with the size and placement of all parcels in a (usually) 80 acre area The county assessor has these. They will not show your neighbors fence. A plat of survey is a small map prepared by a licensed surveyor that shows a particular parcel and any buildings or structures on it. It is very accurate (.01 ft) and around here costs around $350. A new one is required for most mortgages. It will show that your neighbor has put a driveway on your side of the line. The county or township will probably not have one, but the bank that sold it might. Paul K. Dickman "Jon Elson" wrote in message ... On 04/25/2011 11:39 AM, Ignoramus14081 wrote: I submitted a FOIA request to the village and they will mail me a copy of the old plat of survey. Geez, where we are (St. Louis county) they have all the assessor's files online with a nice web interface. Just type in the property address, and you get a very rough computerized drawing of the house and property, sales history, plat book info, tax history, and assessment data. Jon |
#44
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#45
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RS at work wrote: On Apr 25, 8:14 am, rangerssuck wrote: On Apr 25, 9:44 am, Ignoramus14081 ignoramus14...@NOSPAM. 14081.invalid wrote: The yard is fenced, and the fence looks pretty old. i- The existing fence is no substitute for a survey. I had a dispute with a neighbor (a genuine asshole) about our property line. His survey company came and staked it out and found that the fence, which was shown on my survey map and the one before mine, going back to the mid 1960s, was two feet on my side of the line. He got to rent a concrete saw to remove his encroaching driveway. I got to pay for a permit for the fence which, according to the municpal building department, had never been permitted. I should have taken this to the title insurance company, but it didn't seem worth the 40 bucks. Often if an encroachment has existed for several years the person being encroached upon just looses the property under adverse possession. Tell that to the state of Florida. My garage was built in '64, and they recently sent me a letter that I have to tear part of it down because it's a couple inches across the line. -- You can't fix stupid. You can't even put a Band-Aid™ on it, because it's Teflon coated. |
#46
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real estate auction
Baloney!
Governments issue property deed in the last few hundred years and they state where the boundaries exist. North America has not honoured "Squatters Rights" in a few centuries. It never existed in Canada, period. You are listening to old wives tales from the 16th century. -------------- "RS at work" wrote in message ... Often if an encroachment has existed for several years the person being encroached upon just looses the property under adverse possession. Roger Shoaf |
#47
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real estate auction
On 2011-04-26, Michael A. Terrell wrote:
RS at work wrote: On Apr 25, 8:14 am, rangerssuck wrote: On Apr 25, 9:44 am, Ignoramus14081 ignoramus14...@NOSPAM. 14081.invalid wrote: The yard is fenced, and the fence looks pretty old. i- The existing fence is no substitute for a survey. I had a dispute with a neighbor (a genuine asshole) about our property line. His survey company came and staked it out and found that the fence, which was shown on my survey map and the one before mine, going back to the mid 1960s, was two feet on my side of the line. He got to rent a concrete saw to remove his encroaching driveway. I got to pay for a permit for the fence which, according to the municpal building department, had never been permitted. I should have taken this to the title insurance company, but it didn't seem worth the 40 bucks. Often if an encroachment has existed for several years the person being encroached upon just looses the property under adverse possession. Tell that to the state of Florida. My garage was built in '64, and they recently sent me a letter that I have to tear part of it down because it's a couple inches across the line. That's because your use of 2 inches was not "notorious". i |
#48
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real estate auction
Josepi wrote:
Baloney! Governments issue property deed in the last few hundred years and they state where the boundaries exist. North America has not honoured "Squatters Rights" in a few centuries. It never existed in Canada, period. You are listening to old wives tales from the 16th century. -------------- "RS at work" wrote in message ... Often if an encroachment has existed for several years the person being encroached upon just looses the property under adverse possession. Roger Shoaf No, it exists. A neighbor of mine made a garden on the (vacant) land next to his. Later, when the land was sold and to be built on, my neighbor got possession of the part that he had gardened on. By adverse possession. Look it up in Wikipedia. Bob |
#49
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real estate auction
On 2011-04-26, Bob Engelhardt wrote:
Josepi wrote: Baloney! Governments issue property deed in the last few hundred years and they state where the boundaries exist. North America has not honoured "Squatters Rights" in a few centuries. It never existed in Canada, period. You are listening to old wives tales from the 16th century. -------------- "RS at work" wrote in message ... Often if an encroachment has existed for several years the person being encroached upon just looses the property under adverse possession. Roger Shoaf No, it exists. A neighbor of mine made a garden on the (vacant) land next to his. Later, when the land was sold and to be built on, my neighbor got possession of the part that he had gardened on. By adverse possession. Look it up in Wikipedia. Bob How did he document having a garden during the required period of time? i |
#50
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real estate auction
rangerssuck wrote:
On Apr 25, 9:44 am, Ignoramus14081ignoramus14...@NOSPAM. 14081.invalid wrote: The yard is fenced, and the fence looks pretty old. i- The existing fence is no substitute for a survey. I had a dispute with a neighbor (a genuine asshole) about our property line. His survey company came and staked it out and found that the fence, which was shown on my survey map and the one before mine, going back to the mid 1960s, was two feet on my side of the line. He got to rent a concrete saw to remove his encroaching driveway. I got to pay for a permit for the fence which, according to the municpal building department, had never been permitted. I should have taken this to the title insurance company, but it didn't seem worth the 40 bucks. There's more to this story, including the fence contractor who said that he NEVER works for neighbors (and I can understand why). But the moral, Iggy, is, Don't rely on a fence that's on a drawing that may or may not be correct. You'd be better off measuring off the house at a few points and triangulating with a fiberglass or metal tape. Even better would be to get some surveying equipment at auction for pennies on the dollar. I don't know what it takes to get licensed where you are - I don't think it's a very big deal here in NJ. When this neighbor crap came up, I called several survey companies, and I was quoted outrageous prices and a six-week lead time. Nice work if you can get it. In the other hand I saw a guy spend over ten thousand dollars to contest a fence that was one foot out of place. It came out to about 300 dollars per square foot. Now that is expensive real estate. John |
#51
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real estate auction
"Bob Engelhardt" wrote in message ... Josepi wrote: Baloney! Governments issue property deed in the last few hundred years and they state where the boundaries exist. North America has not honoured "Squatters Rights" in a few centuries. It never existed in Canada, period. You are listening to old wives tales from the 16th century. -------------- "RS at work" wrote in message ... Often if an encroachment has existed for several years the person being encroached upon just looses the property under adverse possession. Roger Shoaf No, it exists. A neighbor of mine made a garden on the (vacant) land next to his. Later, when the land was sold and to be built on, my neighbor got possession of the part that he had gardened on. By adverse possession. Look it up in Wikipedia. Bob Depends on the state you live in, if your neighbor did not pay property taxes on the land he encroached upon he does not own it. A lot of stuff on wikiedia regarding law is bull****, a realestate attorney will tell you what your rights are. I would not go to court depending on what wiki says the law is. Best Regards Tom. |
#52
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real estate auction
Ignoramus14081 wrote:
On 2011-04-26, Bob Engelhardt wrote: No, it exists. A neighbor of mine made a garden on the (vacant) land next to his. Later, when the land was sold and to be built on, my neighbor got possession of the part that he had gardened on. By adverse possession. Look it up in Wikipedia. Bob How did he document having a garden during the required period of time? I'm not sure. But I imagine that over the years that he gardened there any number of people (family, friends, and neighbors) were witnesses to the garden. I'm always showing mine and visiting others. Bob |
#53
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real estate auction
azotic wrote:
Depends on the state you live in, if your neighbor did not pay property taxes on the land he encroached upon he does not own it. A lot of stuff on wikiedia regarding law is bull****, a realestate attorney will tell you what your rights are. I would not go to court depending on what wiki says the law is. I'm not suggesting that Wiki is a legal authority. It was just to give the idea of what "adverse possession" is. I'd no more rely on Wiki than I would on your statement that " ...if your neighbor did not pay property taxes on the land he encroached upon he does not own it." Actually, I would rely on Wiki more than you, but that still doesn't say much. To be clear, he doesn't own it because he encroached upon it. He owns it because a court degreed that he does. Based upon adverse possession. If you'll make it worth my time, I'll get copies of the court order and the deed. Bob |
#54
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real estate auction
Josepi wrote:
Baloney! Governments issue property deed in the last few hundred years and they state where the boundaries exist. North America has not honoured "Squatters Rights" in a few centuries. It never existed in Canada, period. You are listening to old wives tales from the 16th century. -------------- "RS at work" wrote in message ... Often if an encroachment has existed for several years the person being encroached upon just looses the property under adverse possession. Roger Shoaf Except in Pennsylvania. It takes 21 years but it does happen. happened to a guy on the other side of the valley here. He had a plot of land that someone else used and after 21 years he layed claim to it and won. John |
#55
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real estate auction
"John" wrote in message ... Josepi wrote: Baloney! Governments issue property deed in the last few hundred years and they state where the boundaries exist. North America has not honoured "Squatters Rights" in a few centuries. It never existed in Canada, period. You are listening to old wives tales from the 16th century. -------------- "RS at work" wrote in message ... Often if an encroachment has existed for several years the person being encroached upon just looses the property under adverse possession. Roger Shoaf Except in Pennsylvania. It takes 21 years but it does happen. happened to a guy on the other side of the valley here. He had a plot of land that someone else used and after 21 years he layed claim to it and won. John I remember a funny case from when I was a kid. My uncle built a hunting cabin in the south Jersey pine barrens, thinking it was on state land, for which he paid a lease fee. The state thought it was their land at the time, too. g Anyway, not many years later it was discovered that it was someone else's private property. So my uncle claimed adverse possession. Since the state, thinking it was their land, colored the title, under NJ law he only had to be there for seven years. They waived the back taxes because he had paid a lease fee to the state, and he wound up owning the whole deal -- four or five acres, as I recall. -- Ed Huntress |
#56
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real estate auction
"Bob Engelhardt" wrote in message ... azotic wrote: Depends on the state you live in, if your neighbor did not pay property taxes on the land he encroached upon he does not own it. A lot of stuff on wikiedia regarding law is bull****, a realestate attorney will tell you what your rights are. I would not go to court depending on what wiki says the law is. I'm not suggesting that Wiki is a legal authority. It was just to give the idea of what "adverse possession" is. I'd no more rely on Wiki than I would on your statement that " ...if your neighbor did not pay property taxes on the land he encroached upon he does not own it." Actually, I would rely on Wiki more than you, but that still doesn't say much. To be clear, he doesn't own it because he encroached upon it. He owns it because a court degreed that he does. Based upon adverse possession. If you'll make it worth my time, I'll get copies of the court order and the deed. Bob Exactley, it varies from state to state. Thats why you need a realestate attorney to determine your ownership rights. Best Regards Tom. |
#57
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I guess I own part of a lot of buildings, especially the ones I worked in.
You must live in a country that hasn't progressed to issuing deeds with registered land boundaries. I doubt the court deemed it his because of encroaching. There was another hardship and logic involved that the judge would have taken into consideration to rule that one. I think I own the downtown sidewalks too. Maybe I don't want to shovel those. --------------------- "Bob Engelhardt" wrote in message ... I'm not suggesting that Wiki is a legal authority. It was just to give the idea of what "adverse possession" is. I'd no more rely on Wiki than I would on your statement that " ...if your neighbor did not pay property taxes on the land he encroached upon he does not own it." Actually, I would rely on Wiki more than you, but that still doesn't say much. To be clear, he doesn't own it because he encroached upon it. He owns it because a court degreed that he does. Based upon adverse possession. If you'll make it worth my time, I'll get copies of the court order and the deed. Bob |
#58
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real estate auction
Here is a page I believe is factual to American people's land ownership.
There has to be full disclosure, knowledge and permission. You have to give the land away. Our laws in Canada are different. Lawn ownership deeds are registered and the law. YMMV --------------- Every state has different laws regarding adverse possession. In general, the five elements that must be met to have a claim of adverse possession are that the possession must be: 1. Open and notorious. An adversary must be aware that his land is being taken. But you don't have to write the landowner, or anything like that. Your possession must be in a manner that is overt, not covert. 2. Actual and uninterrupted. That means that you actually have possession and control over the land in question, and that possession is not interrupted by an adversary. 3. Exclusive. Only you, or people authorized by you, can have possession of the land in question for the required period of possession (which is 10 years). Courts have ruled that the possession does not have to be absolutely exclusive, so you will want to discuss your particular situation with an attorney (see below). 4. Hostile. That means that you treat the land in question as your own, and defend it against the world. Adverse possession is not created when you have the permission of the landowner to use his land (so a long-term tenant cannot claim adverse possession). 5. Made under a claim based in good faith. Those seeking equity must do equity. So if you acted in bad faith somehow, your claim would be barred. For example, moving the fence to a position where you knew it didn't belong would be considered bad faith. You must have met all five of these elements to qualify for adverse possession. You have the burden of proving you met each element. You must have met these elements for the statutory period required in your state. In most states your title would need to be perfected by a court action Read mo http://wiki.answers.com/Q/What_is_ad...1KbF7OpBoEvery state has different laws regarding adverse possession. In general, the five elements that must be met to have a claim of adverse possession are that the possession must be: |
#59
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real estate auction
Ignoramus14081 wrote: On 2011-04-26, Michael A. Terrell wrote: RS at work wrote: On Apr 25, 8:14 am, rangerssuck wrote: On Apr 25, 9:44 am, Ignoramus14081 ignoramus14...@NOSPAM. 14081.invalid wrote: The yard is fenced, and the fence looks pretty old. i- The existing fence is no substitute for a survey. I had a dispute with a neighbor (a genuine asshole) about our property line. His survey company came and staked it out and found that the fence, which was shown on my survey map and the one before mine, going back to the mid 1960s, was two feet on my side of the line. He got to rent a concrete saw to remove his encroaching driveway. I got to pay for a permit for the fence which, according to the municpal building department, had never been permitted. I should have taken this to the title insurance company, but it didn't seem worth the 40 bucks. Often if an encroachment has existed for several years the person being encroached upon just looses the property under adverse possession. Tell that to the state of Florida. My garage was built in '64, and they recently sent me a letter that I have to tear part of it down because it's a couple inches across the line. That's because your use of 2 inches was not "notorious". I am the third owner of the property. They haven't done a damn thing with the land for 50 years. They didn't clear out the dead wood, or maintain the required fire breaks. The land was supposed to be where the 'Cross Florida Canal was to be built for NASA to transport parts to the cape from the gulf. The original name of my street was 'Barge', where a barge across the canal was to be built. -- You can't fix stupid. You can't even put a Band-Aid™ on it, because it's Teflon coated. |
#60
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RS at work wrote:
Often if an encroachment has existed for several years the person being encroached upon just looses the property under adverse possession. Do you mean "looses," as in "releases," or "sets free," -------quote------- Definitions of loose on the Web: .... * free: grant freedom to; free from confinement .... * unleash: turn loose or free from restraint; "let loose mines"; "Loose terrible plagues upon humanity" .... * loosen: make loose or looser; "loosen the tension on a rope" -------/quote------- or did you simply misspell loses? Thanks, Rich |
#61
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On Mon, 25 Apr 2011 22:10:32 -0400, "Josepi"
wrote: Baloney! Governments issue property deed in the last few hundred years and they state where the boundaries exist. North America has not honoured "Squatters Rights" in a few centuries. It never existed in Canada, period. You are listening to old wives tales from the 16th century. -------------- "RS at work" wrote in message ... Often if an encroachment has existed for several years the person being encroached upon just looses the property under adverse possession. Roger Shoaf Well...not exactly totally true...close...but.... http://en.wikipedia.org/wiki/Squatting United States of America In the United States, squatting laws vary from state to state and city to city. For the most part, it is rarely tolerated to any degree for long, particularly in cities.[60] There have been a few exceptions, notably in 2002 when the New York City administration agreed to turn over 11 buildings in the Lower East Side, which had been squatted in, to an established non-profit, on the condition that the apartments would later be turned over to the tenants as low-income housing cooperatives.[61] [edit] Occupancy issues Laws based on a contract-ownership interpretation of property make it easy for deed holders to evict squatters under loitering or trespassing laws.[31] The situation is more complicated for legal residents who fail to make rent or mortgage payments, but the result is largely the same. Most squatting in the US is dependent on law enforcement, and the person legally considered to be the owner of the property, being unaware of the occupants. Often, the most important factors in the longevity of squats in the US are apathy of the owner and the likeliness of neighbors to call the police. This was not always the case, particularly in the era of Westward expansion, wherein the federal government specifically recognized the rights of squatters. For example, see the Preemption Act of 1841. [edit] Legal protections The United States Homestead Act legally recognized the concept of homesteading and distinguished it from squatting, since it gave homesteaders permission to occupy unclaimed lands. Additionally, US states that have a shortage of housing tend to tolerate squatters in property awaiting redevelopment until the developer is ready to begin work. However, at that point, the laws tend to be enforced.[citation needed] The Homestead Act of 1862 was signed by Abraham Lincoln on May 20 and sought to reallocate unsettled land in the West. The law applied to U.S. citizens and prospective citizens that had never borne arms against the U.S. government. It required a five-year commitment, during which time the homesteader had to build a twelve-by-fourteen foot dwelling, develop the 160-acre (0.65 km2) plot of land allocated, and generally better the condition of the unsettled property. After five years of positively contributing to the land, the homesteader could file for the deed to the property, which entailed sending paperwork to the General Land Office in Washington, D.C., and from there, "valid claims were granted patent free and clear".[62] Moreover, there were loopholes to this law, including provisions made for those serving in the U.S. military. After the Civil War, Union veterans could deduct time served in the army from the five-year homesteader requirement. In common law, through the legally recognized concept of adverse possession, a squatter can become a bona fide owner of property without compensation to the owner. Adverse possession is the process by which one acquires the title to a piece of land by occupying it for the number of years necessary, dictated differently in practice by each state's statute of limitation for an eviction action. A necessary component of this transfer of ownership requires that the landowner is aware (or should be aware) of the land occupation[citation needed] and does nothing to put an end to it. If the land use by the new occupant goes unchecked for the said number of years, the new occupant can claim legal rights to the title of the land. The occupant must show that the "possession is actual, open, notorious, exclusive, hostile, under cover of claim or right, and continuous and uninterrupted for the statutory period."[63] As Erin Wiegand notes, the most difficult part of claiming adverse possession on the part of squatters is the continuous part. Squatting is a very transient lifestyle and many are evicted on a frequent basis.[64] In an article regarding recent foreclosures in the United States, a current squatter in Miami stated of her housing, "It's a beautiful castle and it's temporary for me, if I can be here twenty-four hours, I'm thankful."[65] Thus, while adverse possession allows for the legality of a squatter's situation, it is not common that a person can claim continuous possession of the land long enough to claim title by adverse possession. [edit] Types Squats used for living in can be divided into two types (although they are not absolutes): so-called "back-window squats" (the most common type[citation needed], in which occupants sneak in and out of the building with the intent of hiding that they live there) and "front-door squats" (where the occupants make little or no effort to conceal their comings and goings). Many squats may start out as one or the other and then change over time. Frequently, squatters will move in and then later assess how open they can be about their activities before they approach the neighbors; others will not move into a place until they have first met and discussed the idea with the neighbors. The difference between the two types can be signs of vast differences in philosophies of squatting and its purpose, how long the occupants plan to be around, and on the atmosphere of the neighborhood, among many other factors. Squatters can be young people living in punk houses or low-income or homeless people. [edit] Non-profit advocacy There are non-profit advocacy groups in existence in many cities throughout the U.S. These groups give organizational backing and political power to the plight of squatters. The nonprofits also assist the squatters to have the work on improving their apartments legitimized, or approved by the appropriate local authority. In New York City, the Urban Homesteading Assistance Board was at the forefront of a homesteading movement in the 1970s and 1980s, and more recently liaised with the city to legitimize the efforts of squatters in 11 buildings in the Lower East Side.[61] Although the New York City government had previously forcibly removed many squatters in the 1990s, in 2002 it agreed to sell these 11 buildings for $1 each to UHAB. The buildings were to be brought up to code by the squatters (with UHAB's assistance) and then the apartments were bought for $250 each and the buildings converted to affordable cooperatives by the former squatters.[61] Take Back the Land is a Miami-based self-proclaimed housing liberation group that formed in 2006. They break into vacant, unused bank-owned foreclosed homes and move homeless people inside.[65] Take Back the Land organized a shantytown called the Umoja Village to squat a vacant lot in 2006 and 2007.[66] A group called Homes Not Jails advocates squatting houses to end the problem of homelessness. It has opened "about 500 houses, 95% of which have lasted six months or less. In a few cases, [these] squats have lasted for two, three or even six years."[27] In Minnesota, a group known as the Poor People's Economic Human Rights Campaign has relocated families into thirteen empty properties, and one national organizer likened the advocacy and service work of her group to "a modern-day underground railroad".[65] [edit] Movement In addition to these advocacy groups, there are a number of useful websites that provide squatters with information on how to go about setting up a squat. Squat!net is an internationally contributed-to website that provides squatters with tips on how to squat and possible open properties on which to do it. Additionally, some squatters use the internet as a safe space in which to share information. An Australian-based community of squatters, SquatSpace, developed a comprehensive website after being forced underground with the eviction of the Broadway Squats in South Sydney. The website features anonymous postings of squatter art exhibits and protests in the Sydney area and provides a virtual space for those without a physical community space. There are also numerous squatter blogs and blogs about how to squat, including one from author Robert Neuwirth. [edit] California Gold Rush In January 1848, two weeks after being ceded to the United States, gold was discovered in California resulting in a flood of fortune seekers gravitating to the state in the following months and years. Due to the ambiguity of existing laws regarding squatting on federal land, individual mining camps developed squatting laws to fill the legal void. Policies relating to abandonment and work requirements were established on a camp-by-camp basis. As extraction became more capital-intensive, the share of mining camps that allowed a company to own land increased significantly. [edit] New York City In New York City, homeless people squatting in underground spaces such as Freedom Tunnel have come to be known as Mole People. They were the subject of an award-winning documentary called Dark Days. It is estimated that in the 1990s, there were between 500 and 1,000 squatters occupying 32 buildings on Manhattan's Lower East Side. The buildings had been abandoned as a result of speculation by owners or police raids as part of a crackdown on drug use.[67] As the area became gentrified, the squats were evicted, Dos Blockos being one. Three buildings on 13th Street were evicted without notification following a prolonged legal battle in which the squatters argued through their lawyer Stanley Cohen that they were entitled to ownership of the buildings through adverse possession since they had lived there since 1983.[68] In 1995, a preliminary injunction had been granted against the eviction plans, but this was overturned by state appellate.[69] Despite squatting being illegal, artists had begun to squat buildings to live in and use as atelier space[clarification needed]. European squatters coming to New York brought ideas of cooperative living with them such as a bar, support between squats, and tool exchange.[31] In 2002, eleven squats out of the twelve remaining on the Lower East Side signed a deal with the city council brokered by the Urban Homesteading Assistance Board. In this project, UHAB bought the buildings for $1 each and agreed to assist the squatters to undertake essential renovation work, after which their apartments could be bought for $250 each. UHAB would also train them in running low-income limited-equity housing cooperatives.[67] After prices peaked from the housing boom, several of the squatters told press that they wanted out of the contract so they could be allowed to sell their units at market rate prices. No such arrangements have been made, but some squatters are challenging the contract and believe adverse possession protects their ownership claim.[70] The first squat to completed co-op conversion in May 2009 is Bullet Space, an artists' gallery and residence.[71] Another is C-Squat; as well as social center ABC No Rio, which was founded in 1980. -- "If I say two plus two is four and a Democrat says two plus two is eight, it's not a partial victory for me when we agree that two plus two is six. " Jonah Goldberg (modified) |
#62
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This all makes sense but these examples are not "squatter's rights" as they
do not have any. The example all appear to be donated land space and labeled "Squatting" I cut'n pasted a website text in a previous text that defines the US laws. It claims for all states. It has to be voluntarily given away. ---------------------- Well...not exactly totally true...close...but.... http://en.wikipedia.org/wiki/Squatting United States of America In the United States, squatting laws vary from state to state and city to city. For the most part, it is rarely tolerated to any degree for long, particularly in cities.[60] There have been a few exceptions, notably in 2002 when the New York City administration agreed to turn over 11 buildings in the Lower East Side, which had been squatted in, to an established non-profit, on the condition that the apartments would later be turned over to the tenants as low-income housing cooperatives.[61] [edit] Occupancy issues Laws based on a contract-ownership interpretation of property make it easy for deed holders to evict squatters under loitering or trespassing laws.[31] The situation is more complicated for legal residents who fail to make rent or mortgage payments, but the result is largely the same. Most squatting in the US is dependent on law enforcement, and the person legally considered to be the owner of the property, being unaware of the occupants. Often, the most important factors in the longevity of squats in the US are apathy of the owner and the likeliness of neighbors to call the police. This was not always the case, particularly in the era of Westward expansion, wherein the federal government specifically recognized the rights of squatters. For example, see the Preemption Act of 1841. [edit] Legal protections long details snipped |
#63
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real estate auction
On Mon, 25 Apr 2011 23:07:44 -0400, Bob Engelhardt
wrote: azotic wrote: Depends on the state you live in, if your neighbor did not pay property taxes on the land he encroached upon he does not own it. A lot of stuff on wikiedia regarding law is bull****, a realestate attorney will tell you what your rights are. I would not go to court depending on what wiki says the law is. I'm not suggesting that Wiki is a legal authority. It was just to give the idea of what "adverse possession" is. I'd no more rely on Wiki than I would on your statement that " ...if your neighbor did not pay property taxes on the land he encroached upon he does not own it." Actually, I would rely on Wiki more than you, but that still doesn't say much. To be clear, he doesn't own it because he encroached upon it. He owns it because a court degreed that he does. Based upon adverse possession. If you'll make it worth my time, I'll get copies of the court order and the deed. This just happened to my neighbors across the street. The witch below them had been gardening WITH my neighbor for awhile and then started tying her mule nearby, on the flat there. Eventually, she put up a portable fence. Then one year, she took them to court to steal the land. It had only been about 9.5 years but the witch had people lie in court for her and won the land, almost half an acre. The witch's husband's large company had supported the judge in the action and the judge should have recused herself, but she didn't, so it didn't stop the $50k land grab/rape of my neighbors. We're all still stunned. Those squatter rights laws should have been phased out 100 years ago. -- Make up your mind to act decidedly and take the consequences. No good is ever done in this world by hesitation. -- Thomas H. Huxley |
#64
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On 2011-04-26, Larry Jaques wrote:
On Mon, 25 Apr 2011 23:07:44 -0400, Bob Engelhardt wrote: azotic wrote: Depends on the state you live in, if your neighbor did not pay property taxes on the land he encroached upon he does not own it. A lot of stuff on wikiedia regarding law is bull****, a realestate attorney will tell you what your rights are. I would not go to court depending on what wiki says the law is. I'm not suggesting that Wiki is a legal authority. It was just to give the idea of what "adverse possession" is. I'd no more rely on Wiki than I would on your statement that " ...if your neighbor did not pay property taxes on the land he encroached upon he does not own it." Actually, I would rely on Wiki more than you, but that still doesn't say much. To be clear, he doesn't own it because he encroached upon it. He owns it because a court degreed that he does. Based upon adverse possession. If you'll make it worth my time, I'll get copies of the court order and the deed. This just happened to my neighbors across the street. The witch below them had been gardening WITH my neighbor for awhile and then started tying her mule nearby, on the flat there. Eventually, she put up a portable fence. Then one year, she took them to court to steal the land. It had only been about 9.5 years but the witch had people lie in court for her and won the land, almost half an acre. The witch's husband's large company had supported the judge in the action and the judge should have recused herself, but she didn't, so it didn't stop the $50k land grab/rape of my neighbors. We're all still stunned. Those squatter rights laws should have been phased out 100 years ago. I remember this story, it ****es me off to this date. What do you mean by supported, do you mean a campaign contribution or something else? i |
#65
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real estate auction
On Tue, 26 Apr 2011 10:53:26 -0500, Ignoramus7326
wrote: On 2011-04-26, Larry Jaques wrote: On Mon, 25 Apr 2011 23:07:44 -0400, Bob Engelhardt wrote: azotic wrote: Depends on the state you live in, if your neighbor did not pay property taxes on the land he encroached upon he does not own it. A lot of stuff on wikiedia regarding law is bull****, a realestate attorney will tell you what your rights are. I would not go to court depending on what wiki says the law is. I'm not suggesting that Wiki is a legal authority. It was just to give the idea of what "adverse possession" is. I'd no more rely on Wiki than I would on your statement that " ...if your neighbor did not pay property taxes on the land he encroached upon he does not own it." Actually, I would rely on Wiki more than you, but that still doesn't say much. To be clear, he doesn't own it because he encroached upon it. He owns it because a court degreed that he does. Based upon adverse possession. If you'll make it worth my time, I'll get copies of the court order and the deed. This just happened to my neighbors across the street. The witch below them had been gardening WITH my neighbor for awhile and then started tying her mule nearby, on the flat there. Eventually, she put up a portable fence. Then one year, she took them to court to steal the land. It had only been about 9.5 years but the witch had people lie in court for her and won the land, almost half an acre. The witch's husband's large company had supported the judge in the action and the judge should have recused herself, but she didn't, so it didn't stop the $50k land grab/rape of my neighbors. We're all still stunned. Those squatter rights laws should have been phased out 100 years ago. I remember this story, it ****es me off to this date. What do you mean by supported, do you mean a campaign contribution or something else? I don't recall what the connection/support was, but it still feels vewwy vewwy hinky. -- Make up your mind to act decidedly and take the consequences. No good is ever done in this world by hesitation. -- Thomas H. Huxley |
#66
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On Apr 26, 11:53*am, Ignoramus7326
wrote: On 2011-04-26, Larry Jaques wrote: On Mon, 25 Apr 2011 23:07:44 -0400, Bob Engelhardt wrote: azotic wrote: Depends on the state you live in, if your neighbor did not pay property taxes on the land he encroached upon he does not own it. A lot of stuff on wikiedia regarding law is bull****, a realestate attorney will tell you what your rights are. I would not go to court depending on what wiki says the law is. I'm not suggesting that Wiki is a legal authority. *It was just to give the idea of what "adverse possession" is. I'd no more rely on Wiki than I would on your statement that " ...if your neighbor did not pay property taxes on the land he encroached upon he does not own it." *Actually, I would rely on Wiki more than you, but that still doesn't say much. To be clear, he doesn't own it because he encroached upon it. *He owns it because a court degreed that he does. *Based upon adverse possession. If you'll make it worth my time, I'll get copies of the court order and the deed. This just happened to my neighbors across the street. *The witch below them had been gardening WITH my neighbor for awhile and then started tying her mule nearby, on the flat there. Eventually, she put up a portable fence. Then one year, she took them to court to steal the land. It had only been about 9.5 years but the witch had people lie in court for her and won the land, almost half an acre. The witch's husband's large company had supported the judge in the action and the judge should have recused herself, but she didn't, so it didn't stop the $50k land grab/rape of my neighbors. *We're all still stunned. Those squatter rights laws should have been phased out 100 years ago. I remember this story, it ****es me off to this date. What do you mean by supported, do you mean a campaign contribution or something else? i- And THAT is why elected judges are such a bad idea. Not that appointed judges are much better, but at least in that case, the judge is not getting direct contributions. |
#67
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On 2011-04-26, John wrote:
Josepi wrote: Baloney! Governments issue property deed in the last few hundred years and they state where the boundaries exist. North America has not honoured "Squatters Rights" in a few centuries. It never existed in Canada, period. You are listening to old wives tales from the 16th century. -------------- "RS at work" wrote in message ... Often if an encroachment has existed for several years the person being encroached upon just looses the property under adverse possession. Roger Shoaf Except in Pennsylvania. It takes 21 years but it does happen. happened to a guy on the other side of the valley here. He had a plot of land that someone else used and after 21 years he layed claim to it and won. What happened, did the owner not know about it? i |
#68
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Ignoramus14859 wrote:
On 2011-04-26, wrote: Josepi wrote: Baloney! Governments issue property deed in the last few hundred years and they state where the boundaries exist. North America has not honoured "Squatters Rights" in a few centuries. It never existed in Canada, period. You are listening to old wives tales from the 16th century. -------------- "RS at work" wrote in message ... Often if an encroachment has existed for several years the person being encroached upon just looses the property under adverse possession. Roger Shoaf Except in Pennsylvania. It takes 21 years but it does happen. happened to a guy on the other side of the valley here. He had a plot of land that someone else used and after 21 years he layed claim to it and won. What happened, did the owner not know about it? i I think the property was land locked and the owner never bothered to inspect it. In PA you can get a right of way into a landlocked property but it takes time and money and a lawyer to gain a right of way. I guess he didn't have one. By the way adverse possession was created in PA to help the land get settled way back when William Penn acquired ownership. John |
#69
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In article ,
John wrote: By the way adverse possession was created in PA to help the land get settled way back when William Penn acquired ownership. It's standard enough in the New England states, at least, that it probably comes down from English law. And it applies in the 21st century- you can find long discussions of it in the 20th century if you dredge up the right books, and it's not about some olde outdated practice. In part, it is one way to avoid the loss of use of tracts that are held by negligent absentee owners. You have to be fairly negligent to not notice that someone has been using your land for 20 years. 20 (or 21, in Pa, perhaps) years, continuous, and it has to be ADVERSE possession. Some idiots have tried crap like "the caretaker (employee) claiming to own the cottage/camp he caretakes and is permitted to live at" - nope. Not only don't you get the place, you get fired after more than 20 years and you won't be getting a good recommendation, either. If the owner gives permission to use the property, possession is not adverse, and it doesn't matter how many years. Evidence of possession varies, but things like maintaining a fence, or the garden that was mentioned earlier - active use of the land, documented, without permission, and maintained for 20 years. http://www.massrealestatelawblog.com...ences-make-ups et-neighbors-adverse-possession-in-massachusetts/ Heck, in Iowa it's a mere 10 years: http://www.calt.iastate.edu/millsvrobinson.html -- Cats, coffee, chocolate...vices to live by |
#70
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A better link (more complete listing of various states' laws/time periods - some of which are QUITE short.) http://www.lawchek.com/resources/forms/que/advposs.htm -- Cats, coffee, chocolate...vices to live by |
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