Jeff from my experience presently being sued for adverse possesion , take photos of everything now, things not even relavent, and everything you do. So many times I have seen new things in those old photos that are helping me now. Digital is best and cheapest as a disk of photos is alot cheaper than prints which you nay never need. Im up to apx 40 rolls, money which would have been better spent on digital.
Well, guess what, it looks like I haven't been "smoking the drapes" over going by what several folks have been telling me about "Registered Land" here in Massachusetts. The last paragraph on this page says it - No takeover by adverse possession...
But can they aquire prescriptive Easment Rights, that is something you do not want also. They may never own it but you pay the taxes and they get to use it for free as their own. At least that could be put in your letter, if they agree and sign a letter stating you give permission for them to use it it breaks the chain. But for me personaly I would not want that person on my land. Whos insurance covers an accident? If he is crooked , which seems obvious he could blame any accident anywhere on your side and try to collect, thereby screwing your future rates and coverage. What will your insurance co do about future coverage. It realy seems he should go.....
Thank you for posting that and eliminating the Urban Myth of adverse possession. It at least 49 of the 50 states adverse possession does not apply to tracted land, LA may be an exception as they are based on Frenchie laws.
Colbyt
| But can they aquire prescriptive Easment Rights, that is something you | do not want also.
That's a good question (and one I've been wondering about). Although the certificate of title for Massachusetts registered land is supposed to be the absolute authority wrt both ownership and encumbrances, and while adverse possession is specifically excluded, I've not had a good answer about prescriptive easments (which would presumably have to be recorded at some point?). I had previously assumed that protection from the adverse possession process implicitly protected from "similar" types of easement ripening (though perhaps not from easements of necessity or such) but now I'm not so sure...
Dan Lanciani ddl@danlan.*com
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