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re: Property Dispute-SITUATION RESOLVED!!!!!!!!

Posted on 10/8/14 at 10:30 am to
Posted by ChallboiMatt
Geechee land
Member since Jul 2013
570 posts
Posted on 10/8/14 at 10:30 am to
Why is the neighbor always running? Seems like everytime you mention him he's getting some fitness in.

If that's the case, set up a few trip wires around the trees and show his arse who is boss.
Posted by wickowick
Head of Island
Member since Dec 2006
45822 posts
Posted on 10/8/14 at 10:31 am to
How far are the trees from the property line? 10', 30' how big is the piece of property?
Posted by Count Chocula
Tier 5 and proud
Member since Feb 2009
63908 posts
Posted on 10/8/14 at 10:32 am to
quote:

Any good recommendations for attorney?
Sure, Morris Bart - "He get you yo check"!
Posted by bendellee
Member since Aug 2006
2428 posts
Posted on 10/8/14 at 10:33 am to
quote:

I go to clerk of court and they said they never give anything in writing


You aren't going to just go get something that says, geauxcats10 has perfect ownership of the land containing the trees. You need to get your deed, get your vendor's source deed, and get their vendor's source deed. They have to give you those.


Boundary Agreements are also an entire chapter in the code. There's even an article on removing markers once fixed.

You can try to do it without a lawsuit or with one. The former, you pay the neighbor a small chunk, the latter you pay the lawyer a small (i.e. large) chunk.




This post was edited on 10/8/14 at 10:34 am
Posted by pointdog33
Member since Jan 2012
2765 posts
Posted on 10/8/14 at 10:34 am to
Louisiana Law: "the possession be "under color of title," or that the person must believe that he has the right to possess it and has some form of document or is relying on some fact that while not actually conveying title, appears to do so"

Has to do that for 10 years without anyone ever challenging it.

Some states require taxes be paid in order to adverse posses

FalseProphet indeed



Posted by fr33manator
Baton Rouge
Member since Oct 2010
124582 posts
Posted on 10/8/14 at 10:34 am to
If the land is how I'm imagining it...

You're going to cut down 2 mature pecans for what? Maybe 20 feet more of grass to mow? What's the point?

Why kill trees with no real reason? Why be a dick without cause?

If you have plans for that corner...then sure, cut down some beneficial trees.
If you don't...is it really worth the headache?
Are people really such dicks to their existing neighbors?

Consider this.
Once you'd been on the land a long time how would you take some upstart coming along and saying "frick you. The bank man said I can cut down these things your grandpa planted as a kid."
Posted by htownjeep
Republic of Texas
Member since Jun 2005
7612 posts
Posted on 10/8/14 at 10:35 am to
quote:

Operation Pig Wallow?
My idea is more cost effective....

My idea solves all problems. Slapdick neighbor gets to look at pappy's trees every day and the OP gets his fence.
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 10/8/14 at 10:36 am to
quote:

Are people really such dicks to their existing neighbors?

Neighbor threatened him with violence.
Posted by CarRamrod
Spurbury, VT
Member since Dec 2006
57472 posts
Posted on 10/8/14 at 10:36 am to
quote:

Nope. I'm one of those that understands open and obvious possession as it relates to prescription.

There really is a whole chapter on this in the Louisiana Civil Code. But, no one bothers to learn the law that governs them.
typical lawyer talk.
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
57350 posts
Posted on 10/8/14 at 10:37 am to
quote:

Look...you can raise hell with dyed in the wool coonass neighbors, or you can share your nuts and save some headache.


It's the neighbor who doesn't want to share the nuts; he says the land is his, not the OP's.
Posted by FalseProphet
Mecca
Member since Dec 2011
11707 posts
Posted on 10/8/14 at 10:37 am to
quote:

boom roasted


I was wrong. Misread your post.
Posted by eng08
Member since Jan 2013
5997 posts
Posted on 10/8/14 at 10:38 am to
My favorite adverse possession story is this homeless guy in Miami in coconut grove.

Back in the day the army dredged a channel in biscayne bay, creating federal land (a few spoil islands) on water bottoms. This homeless Cuban guy lives out there.

He has filed petitions in federal court for possession bc he lived there the required 7 years. Except he filed at like 6 years, 11 months.

The city took notice and picked him up and he spent a few notes in he clink, negating his possession claims somehow.

The islands would be worth millions if he could gain ownership.
Posted by CajunAlum Tiger Fan
The Great State of Louisiana
Member since Jan 2008
7880 posts
Posted on 10/8/14 at 10:38 am to
We get it; you are an attorney. Why are you so bitchy?



Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 10/8/14 at 10:38 am to
Posted by fr33manator
Baton Rouge
Member since Oct 2010
124582 posts
Posted on 10/8/14 at 10:39 am to
quote:

Neighbor threatened him with violence.

Somehow I believe both were less than cordial.

Look, if some carpetbagger all of a sudden came up and started laying claim to land I'd grown up on, I'd probably bristle too.
Sans tattoos of course
Posted by fr33manator
Baton Rouge
Member since Oct 2010
124582 posts
Posted on 10/8/14 at 10:41 am to
quote:

It's the neighbor who doesn't want to share the nuts; he says the land is his, not the OP's.



I'd like to think if both parties met and discussed the dispute like gentlemen, maybe an amicable solution could be reached.

That or pistols at dawn. Either Way we win.
Posted by geauxcats10
AP
Member since Jul 2010
4195 posts
Posted on 10/8/14 at 10:41 am to
Posted by pointdog33
Member since Jan 2012
2765 posts
Posted on 10/8/14 at 10:41 am to
Poor guy. He had a island all to himself but pulled the trigger to early.
Posted by Dr RC
The Money Pit
Member since Aug 2011
58133 posts
Posted on 10/8/14 at 10:43 am to
wait, maybe I missed something along the way but why are you so intent on shopping the trees down? Do you really need to do that to build the fence or is this to spite the redneck?
Posted by FalseProphet
Mecca
Member since Dec 2011
11707 posts
Posted on 10/8/14 at 10:43 am to
quote:

Louisiana Law: "the possession be "under color of title," or that the person must believe that he has the right to possess it and has some form of document or is relying on some fact that while not actually conveying title, appears to do so"

Has to do that for 10 years without anyone ever challenging it.

Some states require taxes be paid in order to adverse posses


Not legal advice*******

That's good-faith acquisitive prescription. There is also AP that doesn't rely on good faith, but it appears you neglected that (and so did that table).
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