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Unbelievable: Neighbors use law to TAKE 1400 sq land from couple
go to court for even more..
walkman




msg:3523951
 6:10 am on Dec 10, 2007 (gmt 0)

[baltimoresun.com...]
"For more than 20 years, a retired judge and his lawyer wife trespassed on a vacant lot next door to their home.

They planted a garden there and stacked their firewood. They held parties there and walked the land so often they wore a path in the grass.

In 2006, Richard McLean and Edith Stevens claimed the land as their own under Colorado's adverse possession law, once known as "squatters' rights."

In October, a district judge awarded them one-third of the lot, which its owner values at $1 million."

 

Habtom




msg:3523953
 6:17 am on Dec 10, 2007 (gmt 0)

Is it time to hold a party on my neigbhours land, for the next, let's say 20 years?

I wonder if I can get anything.

timster




msg:3524073
 12:39 pm on Dec 10, 2007 (gmt 0)

a retired judge and his lawyer wife

It's good to know the law.

This happened to some friends of my parents a few years ago. And it wasn't a vacant lot -- it was their side yard. Neighbors claimed to have tended the "garden" between their houses, which was really just a strip of trees and natural vegetation.

All word-of-mouth evidence, and the judge awarded the neighbors a sizable swath of the yard. They did win it back on appeal however.

wyweb




msg:3524127
 2:38 pm on Dec 10, 2007 (gmt 0)

I guess they should now also be liable for one third of the property taxes they hadn't been paying.

walkman




msg:3524187
 3:49 pm on Dec 10, 2007 (gmt 0)

I wonder if they could file trespassing charges for when the property wasn't theirs--legally?

Dabrowski




msg:3524388
 7:39 pm on Dec 10, 2007 (gmt 0)

Hmmm, due to my parking arrangements being a little tight, sometimes my rear wheel is a couple of inches on my neighbours drive. Since they never complained maybe I could claim that it was actually my overspill parking area?

tbear




msg:3524409
 8:06 pm on Dec 10, 2007 (gmt 0)

Bit like copyright laws. If you don't actively persue your rights, you may lose them.
I guess that is also similar to opting out of something as opposed to opting in.

simey




msg:3524673
 1:19 am on Dec 11, 2007 (gmt 0)

I wonder if instead of letting their neighbor use the land for free, they had charged them a .01/year users fee?

Would a renter be able to take a landlords land in Boulder CO?

walkman




msg:3524773
 4:49 am on Dec 11, 2007 (gmt 0)

>> I wonder if instead of letting their neighbor use the land for free, they had charged them a .01/year users fee?

I think even i they had given him permission it would have been fine. Those (you know what) essentially claimed that the land was essentially forgotten /not tended to.

lawman




msg:3524802
 5:47 am on Dec 11, 2007 (gmt 0)

Ha, hadn't heard the term "adverse possession" since my first year property class in law school.

Habtom




msg:3524835
 6:53 am on Dec 11, 2007 (gmt 0)

hadn't heard the term "adverse possession" since my first year property class in law school.

That must have been a hot issue back then, if I didn't miss it by a few years, that is when the retired judge and his lawyer wife began trespassing on that vacant lot next door to their home. :)

walkman




msg:3524984
 1:43 pm on Dec 11, 2007 (gmt 0)

lawman,
can they file trespassing charges? They are under oath saying they did so.

Does one have to have an no-trespassing sign? Also, a problem might be if the land became technically "theirs" by virtue of using it x years ago and the statue of limitations has passed.

Essex_boy




msg:3525348
 8:34 pm on Dec 11, 2007 (gmt 0)

I see this sort thing on a regular basis at work, lucky for us that the claimant has SO FAR got it wrong.

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