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Unbelievable: Neighbors use law to TAKE 1400 sq land from couple

go to court for even more..

     

walkman

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

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

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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

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

WebmasterWorld Senior Member 10+ Year Member



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

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

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

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

WebmasterWorld Senior Member 5+ Year Member



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

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

WebmasterWorld Senior Member 10+ Year Member



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

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

5+ Year Member



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

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

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

WebmasterWorld Administrator lawman is a WebmasterWorld Top Contributor of All Time 10+ Year Member Top Contributors Of The Month



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

Habtom

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

WebmasterWorld Senior Member 10+ Year Member



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

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

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

WebmasterWorld Senior Member essex_boy is a WebmasterWorld Top Contributor of All Time 10+ Year Member



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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