- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: Property Dispute-SITUATION RESOLVED!!!!!!!!
Posted on 10/8/14 at 11:49 am to FalseProphet
Posted on 10/8/14 at 11:49 am to FalseProphet
quote:
I'm amazed that people come here to take that advice
I doubt very many actually take the advice seriously enough to act on it and anyone who does take it as absolute deserves whatever comes their way.
It's a situation that other people may have had experience with that they could share. It doesn't mean that their case is a perfect model, but could just give a little insight to what is in store for him.
I just laugh at the lawyers who freak out about "legal advice" given out on the OT.
1
Posted on 10/8/14 at 11:50 am to FalseProphet
quote:
Art. 794. Determination of ownership according to prescription When a party proves acquisitive prescription, the boundary shall be fixed according to limits established by prescription rather than titles. If a party and his ancestors in title possessed for thirty years without interruption, within visible bounds, more land than their title called for, the boundary shall be fixed along these bounds.
SURRRRRRE, till one has to go to court and the judge
at you. Been there, done that.Posted on 10/8/14 at 11:51 am to pointdog33
quote:
I just laugh at the lawyers who freak out about "legal advice" given out on the OT.
I think you mistake freak out for an opportunity to call people out on their stupidity and laugh at the dumb folks.
If this guy did something without talking to a lawyer, I'd just laugh and watch him get hit with a judgment.
Posted on 10/8/14 at 11:52 am to Tigerlaff
quote:
Oh, please let this be a real life acquisitive prescription case...
Posted on 10/8/14 at 11:52 am to stout
quote:
if your attorney or title company warranted the title then the issues is on them if he comes at you legally.
**NOT LEGAL ADVICE**
No it is not. No way for an attorney to discover a possible future acquisitive prescription claim by searching the public records. It also looks from the satellite map that there is nothing to show a surveyor of any possible conflict of ownership. Also, it would not necessarily be on the seller if they did not know of the conflicting ownership claim. Depending on if a title policy was issued and depending on what type and what endorsements were made a part of that policy, you might have a claim if the neighbor took you to court and won. Can't really file a title claim for the possibility of an issue.
If it were me, I would have my own title rechecked, have the title on the neighbor's property checked, depending on the 07 survey, possibly having it resurveyed. I would at least get the 07 surveyor to come back out and remark/confirm the posts. (I did not see the plat in this thread, so it is possible that the OP is wrong and he is looking at the markers incorrectly.) This would give you an idea of where the different parties stand.
That being said, I wouldn't have bought that property by the looks of it. No surprise when trashy neighbors are trashy. It would be up to the neighbor to sue to assert a prescription claim, but looking at the property I doubt the neighbor could afford it. If he is just sitting around all day, I would expect that neighbor to be trouble from now on.
** NOT LEGAL ADVICE AND I AM NOT THE ATTORNEY FOR ANYONE ON THIS THREAD **
Posted on 10/8/14 at 12:00 pm to TigerDeacon
quote:
No way for an attorney to discover a possible future acquisitive prescription claim by searching the public records
I guess I am dumb to it because I have always assumed had no claims been made by then that the title check was good up to that point.
I have always had attornies request an updated survey if there were any issues or questions.
I am no attorney but I have bought, sold, and acted like an agent in tons of transactions. Never had an issue like this, and again I am assuming, but I figured if the neighbor has never filed his adverse possession claim up until the title transfer then his is shite out of luck which is why the attorney was able to warranty it.
Posted on 10/8/14 at 12:11 pm to stout
Update: just went to surveyors ( need to get elevation shot for pad) I told them what was going on and they went and checked on their software. They pulled up crazy coonass neighbors last survey which was in 05. It clearly shows that he does not own the pecan trees. In fact his property line actually runs away from them. The next survey they had on file was 1910 and u couldn't tell shite from that. He actually gave me a copy of the 05 survey.
I plan on getting a lawyer to write a certified scare letter saying he has 2 weeks to get his land resurveyed. If he does not do it in two weeks then the trees are coming down.
I plan on getting a lawyer to write a certified scare letter saying he has 2 weeks to get his land resurveyed. If he does not do it in two weeks then the trees are coming down.
Posted on 10/8/14 at 12:13 pm to geauxcats10
Does your survey or deed reference an earlier survey?
Posted on 10/8/14 at 12:18 pm to USMCTiger03
I believe so
Reason I say that is because the land I bought was subdivided from a larger tract
Reason I say that is because the land I bought was subdivided from a larger tract
This post was edited on 10/8/14 at 12:19 pm
Posted on 10/8/14 at 12:19 pm to geauxcats10
you don't want advice at all do you? You just want to be a tool.
Posted on 10/8/14 at 12:20 pm to geauxcats10
The questions that no one has asked yet-
1. Is this historic land?
2. Do you have any orange construction fence?
3. Is the neighbor really a church parking on your land on Sundays?
4. Are you in an LLC?
1. Is this historic land?
2. Do you have any orange construction fence?
3. Is the neighbor really a church parking on your land on Sundays?
4. Are you in an LLC?
Posted on 10/8/14 at 12:20 pm to geauxcats10
quote:
the trees are coming down.
Did we ever discuss the reasoning for this..?
Posted on 10/8/14 at 12:21 pm to geauxcats10
What people are trying to tell you is that, survey or not, there are still ways he could possibly lay claim to that property.
Posted on 10/8/14 at 12:21 pm to GrammarKnotsi
quote:
quote:
Did we ever discuss the reasoning for this..?
Given his whole shitty lot with a drainage ditch and a bayou, those two trees just happen to be in the perfect spot for his aluminum shed.
Posted on 10/8/14 at 12:22 pm to stout
quote:
What people are trying to tell you is that, survey or not, there are still ways he could possibly lay claim to that property.
He doesn't care about that. He wants that damn survey or else.
Posted on 10/8/14 at 12:23 pm to geauxcats10
That survey/deed may be a good place to start.
Posted on 10/8/14 at 12:26 pm to slacker130
quote:
The questions that no one has asked yet-
1. Is this historic land?
2. Do you have any orange construction fence?
3. Is the neighbor really a church parking on your land on Sundays?
4. Are you in an LLC?
Posted on 10/8/14 at 12:30 pm to FalseProphet
quote:
He wants that damn survey or else.
Well yeah, a bunch of geniuses on the OT told him he could solve the whole thing that way, easy as shite.
Posted on 10/8/14 at 12:36 pm to Napoleon
For everyone talking Adverse Possession, does Louisiana not have an "open and notorious" element of Adverse Possession? Did any previous landowners ever give dude permission to pick pecans or otherwise use that portion of the property? That would be one of my first questions (at least in TN or MS)
Posted on 10/8/14 at 12:43 pm to geauxcats10
quote:
Did you have a clear title done when you purchased the property.
quote:
Yes
Have you contacted the title attorney who closed the sale and told them what's happening?
I think this exact scenario is why they are part of the process. You should call them now.
Page 12 of 17
Popular
Back to top
Follow TigerDroppings for LSU Football News