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Re: property line situation

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All this legal stuff is very exciting.  However, at this point, I am much more concerned about the BUILDING code references on surcharges from one property on another.  Can anybody point me in the right direction?
Steve Gordin SE
Irvine CA
----- Original Message -----
Sent: Monday, June 26, 2006 9:51 AM
Subject: Re: property line situation

On 6/26/06, Jordan Truesdell, PE <seaint1(--nospam--at)> wrote:
I missed the original post, but if you're talking about adverse possession, my memory is that the encroacher/squatter must make their act openly and plainly, such that the owner has a reasonable expectation of seeing the encroachment. The act must also be deliberate, with the intent to use the land which the encroacher does not own. Good records are necessary, as is normally a large amount of time, though I believe it may vary from 7 years to 30 years depending on the state. As they say on the internet IANAL, this is just from memory of a surveying class I took in Maryland, many years ago.

Polhemus, Bill wrote:

I don't think you can use this to "sneak" into ownership of property that isn't yours, however. I seem to recall from my days as a survey party chief, that this only pertained if it was done with full knowledge by the original owner that the encroachment was taking place.


As it is right now, only the government can come and take your property without due process (e.g. Kelo).


From: Daryl Richardson [mailto:h.d.richardson(--nospam--at)]
Sent: Monday, June 26, 2006 10:10 AM
To: seaint(--nospam--at)
Subject: Re: property line situation




        There used to be an old common law principle whereby Party One, who used property belonging to Party Two for many years could actually claim the subject property as his own (possibly on the basis that it had been abandoned by Party Two, the original owner).

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Jordan is correct on this.....the exact rules & time limits vary by state.  

In some states there are parcels by virtue of the way the property  is "recorded or originally deeded" that are exempt from "adverse possession"

Unfortunately, unless the parties can agree on a solution, resolving this may require the use of an attorney.    :(