Good idea Jim, I like the idea of bamboo, had been thinking of it for a noise backdrop for another situation, but it will be perfect. There was some testerone posturing on WW so I am lurking and grinning for the time being. Getting ready to start practicing my dovetails soon. Perry bentcajungirl
LOL! You don't reckon the "sawdust in the bra" thread had anything to do with the testosterone levels rocketing . . . do ya? LOL!
I think the bamboo would make a good "break" in the atmosphere. The grump gets to see the "stalky" stuff - you get the vision of the pretty green above. ;-)
Take care.
Jim
Because surveyers are not always right. A small error can put it on the wrong side.
Damn, you have funny laws but then I suppose it is associated with Napleonic law. I've heard of Texas and fencing property to take it over too. Sure doesn't work out west. Lots of desert property and forests where no fences or buildings have ever existed. If you built a building on the land, the owner would just take it and say thanks, no matter how long you had it fenced and used it. Or if you complained he might just shoot you (only in novels). The only thing that counts is the survey, and if someone built a fence in the wrong place, it's just tough. We sold a property in 1990 which had been bought in 1939, but fenced before that. The new property owner had the land survey and found that the property line was actually 10 feet into the next door neighbor, so they moved the fence. The neighbor had lived there for at least 15 years.
Seriously, what do they do in down there so you can pay taxes on someone else's 2 acres? Where we live, you receive a notification for each parcel of property. There is no way someone could pay the taxes on a specific part or amount of a property, so there is no way someone else can pay the taxes unless they pay the total and the owner cannot pay taxes on part of the property, the bill is for the total. Here the assessor would just say thanks for the extra money from you because the original owner would still be paying the taxes.
Easy.
Build the fence. Give your neighbor a bill for half of the cost of the shared portion.*
Settle the case by allowing him to remove his ratty chicken-wire.
*Before anybody starts screaming, this is well-settled law. To avoid paying half of the cost of the fence, the neighbor must object at the first opportunity. The two legal principles involved here are unjust enrichment and consent by silence.On Mon, 30 Jun 2003 10:46:28 -0400, Trent© wrote:
First, cite the specific ordinance for her jurisdiction (hey you started the "Post References" battle...). It may not exist, and in the five local jurisidictions I have first-hand knowledge of, the setback requirement doesn't exist. Second, setback requirement or not, adverse possession can still take place.
Understand that 'notorious' is a legal term. It is defined as an action which by its very commitment announces itself. And if you cut your neighbor's grass, and he doesn't argue, and he doesn't use the property himself, then yes, you may have an ownership claim under adverse possession. Note also that adverse posession doesn't give you ownership, it provides you with a claim that you can go to court in an effort to exercise.
Your argument never referred to fence setbacks, and the statement which you argued as "crap" didn't refer to fence setbacks either. Case law may not make a difference in any of these references, and the only applicable statute reference is within the jurisdiction of the claimant. I have no idea where that is, so I'm unable to provide specific cites. I'll be happy to do the research and provide the specific citations, provided you choose to put me on retainer.
Thought you might have needed it.
8 pages is "large"? You may want to forego study of the law. To narrow it, quoting from Page 2, top of the first column:"Q: A taxpayer visited the assessors? office and claimed ownership through adverse possession of a vacant parcel abutting his property. What evidence must be presented to permit the assessors to change their assessment records?"
"A: Adverse possession means that title to real property has been acquired by the undisturbed use of the property that is actual, open, notorious, exclusive, and adverse to the owner for a period of at least twenty years. If the parcel is registered land, no title by adverse possession may be gained (M.G.L. Ch.185 Sec.53). M.G.L. Ch.260 Sec.31 also provides, as a general matter, that the Commonwealth and its political subdivisions may not lose land or interests in land if the real property comes within any of the following very broad categories: conservation, open space, parks, recreation, water protection, wildlife protection or held for other public purpose. See in this regard the Supreme Judicial Court decision of Town of Sandwich v. Quirk, 409 Mass. 380 (1991). Evidence of adverse possession may include payment of real estate taxes, residing on the land, improving the land and fencing it. An individual desiring to establish title by adverse possession must bring a court action in the Supreme Judicial Court, Superior Court or Land Court as set forth in M.G.L. Ch.240 Sec.6. Usually, these civil actions are brought in Land Court. By definition, any title to real property acquired by adverse possession is not of record. Generally, the assessors must assess real property to the owner of record as appearing in the Registry of Deeds and the Registry of Probate. In the absence of a court decree establishing title by adverse possession, the assessors should not change their assessment records."
Again, the statement you referred to as "crap" was:
"In some (many?) areas if you leave a section of your land unattended for a long period of time and if your neighbor takes over care of that land, they can under certain conditions take position (sic) of that land."
There is nothing about fence setbacks. "Fence offsets" has no legal definition in terms of zoning codes, so you're unlikely to find that term in any statutes.
You make a lot of general statements, then back those up with assumptions and twists to the original statements. I can't argue that by fencing her property a foot inside her property line the original poster will lose her land, and don't pretend to support that opinion. Even though possible, it would rank as highly unlikely given the general description provided. But I can provide you with the references you requested, and I can refute your statement that the reply posted wasn't "crap" but rather has a basis in law.
But I'll never change your opinion to the contrary.
So far so good. Hope yours is the same.
Jeff
That area will not all be his. One foot of it belongs to his neighbor.
Have a nice week...
Trent
Help keep down the world population...have your partner spayed or neutered.
What are you smokin'? I want some of that!! lol
Have a nice week...
Trent
Help keep down the world population...have your partner spayed or neutered.
Then, if I were you, I'd spend a couple of bucks extra and get a current survey...especially if you can't see the survey stakes.
Again, I'm assuming that, when you say all this, yer not guessin'...that you can actually see the survey stakes.
Again...be careful of young kids and dogs when you do this. Dogs have a habit of eating grass when they're ill. You should try to spray only your side of the DMZ...if you think your neighbor might have animal visitors.
I'm sure he'll be calling the city at the first sign of a tall weed on his side of your fence! lol
I *REALLY* understand THAT statement!
Good luck.
Have a nice week...
Trent
Help keep down the world population...have your partner spayed or neutered.
This is Turtle.
Louisiana has some crazy laws going back Years with a double S . The law is what is called the unknown land owner laws when the French owned the land and sold Louisiana to the US. The home, fence and the filling of the unknown land owner law will get you the land. this camp was out in the middle of nowhere and they probley never seen it in the 15 years or come to look to see who had their land fenced off and filed on.
The is another old Louisiana law that is call expectation law. If you expected a pot, horse, or wagon to last a certain time. You would expect the horse to last 7 years or the pot to last 15 years and the wagon to last 15 years. If it failed or fell a part before that time. You come and got that person to replace or fix it. This law is still on the books of Louisiana and like a window air conditioner you buy and you expect it to last 10 years or so. If it fails in that time. The Expectation law can make them come fix it up to the expected time of it to last. It has not been used but it is on the Louisiana state Law books and can be used if you want to.
TURTLE
Please read the above.
But the subject of the discussion was INDEED a fence setback. We were discussing a portion of neighbor A's yard...that is actually on neighbor B's side of neighbor A's fence. Neighbor A has not abandoned that property...he's still payin' taxes on it. And Neighbor B has not attempted to take possession of it. He's simply cutting the grass that grows there.
I agree. And if you think I can acquire my neighbors property across the street simply by cutting his grass, well...this discussion is ended! lol
Once last comment...
Conversely, Neighbor B will not be giving up rights to HIS property either...when he puts up the privacy fence.
Have a nice week...
Trent
Help keep down the world population...have your partner spayed or neutered.
"Most local ordinances"? "Most areas require a fencing permit for residential fences??" Most - where? How can you generalize about an entire country?
Have you ever considered actually having some experience and knowledge of a subject prior to shooting off your mouth? I see in other threads you seem to have a problem with this.
The only correct reply you gave was for the OP to check with the locals. Other than that you don't know what you're talking about. For the "most" part...
-- TJ
Wrong again Trent. You insist on generalizing about an entire country with hundreds of thousands of jurisdictions and different/varying zoning codes each.
Wrong again Trent. You insist on generalizing about an entire country with hundreds of thousands of jurisdictions and different/varying permit requirements for each.
"Mostly" wrong again Trent. You like hearing yourself talk don't you?
-- TJ
"Trent©" continued to flog a dead horse with his "mostly" wrong opinion(s):
Enough Trent. Perhaps the cat meat is fogging your senses.
-- TJ
Zat where and how you trap those edible felines Trent? Stick to that. Advising folks about permits, zoning codes, etc, is not your forte'.
Gee Trent. 12 of your "mostly" wrong posts later in this thread, you digress to that which you probably know something about.
-- TJ
Fat chance! The fence is built on your side of the property line - it's your fence and ain't no neighbor gonna be paying for half of it.
Smokin' indeed
Renata
It happens. And it is likely to happen when, as in this case, one neighbor may not like the fence.
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