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

Posted on 10/8/14 at 10:59 am to
Posted by Chicken
Jackassistan
Member since Aug 2003
24456 posts
Posted on 10/8/14 at 10:59 am to
can you post pics of the trees? I guess I am a tree lover...is the neighbor mad about you possibly cutting them down or is he not aware of your plans yet?
Posted by Dr RC
The Money Pit
Member since Aug 2011
59932 posts
Posted on 10/8/14 at 11:00 am to
build your shop next to the trees.

hide security cameras all around.

wait for cameras to catch him trespassing and possibly damaging your shop.

send him to the clink.

Posted by stout
Porte du Lafitte
Member since Sep 2006
175724 posts
Posted on 10/8/14 at 11:00 am to
Yea I would put my shop somewhere else if I had producing pecan tress on my property.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
107994 posts
Posted on 10/8/14 at 11:01 am to
quote:

Property attorney is the final answer.


^^^^^^^^^

1) When you bought the property, there should have been a DESCRIPTION of the property purchased that should have referenced the property markers along the drainage ditch (and probably the ditch itself). Does that description match the plat map you have?

2) There should be a description of the property with the tax assessor's office. It should be the same as what is in the public record (see #1). Is it the same? For how long? Are the taxes up to date?

3) The, of course, there is acquisitive prescription, which is either 10 year (good faith) or 30 year (bad faith), which requires "open and obvious" exercise of contrary ownership without contrary action.

I did not do well in Civil Law Property, but I remember this much.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 10/8/14 at 11:01 am to
Have not read this lengthy thread. I have tried acquisitive prescription cases.

Here's my question: Did your vendor warrant title? If so, sounds like his problem, not yours. Just a thought.
Posted by Clyde Tipton
Planet Earth
Member since Dec 2007
39780 posts
Posted on 10/8/14 at 11:02 am to
quote:

maintained those trees


That just doesn't hold water in my opinion. For someone to "maintain" pecan trees, I would expect it to be a well pruned and manicured orchard. I think it is much more likely that they(psycho coon arse family) just went over there and picked up pecans on someone else's property. But Grandpa, wouldn't say that to his grandson, because he probably had an understanding that it was okay to do that with the old owners.
Posted by Count Chocula
Tier 5 and proud
Member since Feb 2009
63908 posts
Posted on 10/8/14 at 11:04 am to
quote:

I think it is much more likely that they(psycho coon arse family) just went over there and picked up pecans on someone else's property.
Probably picked them AND sold them... not much money, but for a psycho coonass, $5 is big money!
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
83553 posts
Posted on 10/8/14 at 11:04 am to
quote:

can you post pics of the trees? I guess I am a tree lover...is the neighbor mad about you possibly cutting them down or is he not aware of your plans yet?



No kidding.

I think I'll buy this property with the nice trees so I can cut them the frick down right away.
Posted by Clyde Tipton
Planet Earth
Member since Dec 2007
39780 posts
Posted on 10/8/14 at 11:05 am to
Also,

quote:

Yea I would put my shop somewhere else if I had producing pecan tress on my property.
Posted by ctiger69
Member since May 2005
30869 posts
Posted on 10/8/14 at 11:05 am to
I don't see what the big deal is over some pecan trees. Cut them down and use the wood for a bond fire. It is your land and property.
Posted by prplhze2000
Parts Unknown
Member since Jan 2007
54850 posts
Posted on 10/8/14 at 11:05 am to
quote:

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.



can't adverse possess on the government.
Posted by prplhze2000
Parts Unknown
Member since Jan 2007
54850 posts
Posted on 10/8/14 at 11:06 am to
I think you need to frick with him on the Deep Web.
Posted by geauxcats10
AP
Member since Jul 2010
4199 posts
Posted on 10/8/14 at 11:06 am to
On my way to Property Attorney. The surveyors, and to pick up my duck mount. I'll swing by and take pics. He's always outside since he has no job due to the fact he's medically disabled.
Posted by geauxcats10
AP
Member since Jul 2010
4199 posts
Posted on 10/8/14 at 11:07 am to
quote:

Posted by ctiger69
I don't see what the big deal is over some pecan trees. Cut them down and use the wood for a bond fire. It is your land and property.




The big deal is I think he would actually shoot someone over this. I'm not concerned about me but more for my wife and daughter
Posted by kingbob
Sorrento, LA
Member since Nov 2010
68436 posts
Posted on 10/8/14 at 11:07 am to
quote:

TLDR: what to do over disputed land?


It all comes down to the survey. If you can't be reasonable with the neighbor and work out a deal to use the pecans, then you will have to go to court. Get a survey and don't skimp on the cost. In court in the AP, the judge generally decides with whomever had the more comprehensive (aka expensive) survey. Also, the drainage ditches often have ZERO bearing on the actual property line.

My father had a similar issue when I was a kid. Neighbors bought the property next door, but some of the land they thought they were buying actually belonged to my dad (this was important due to road frontage and drainage). The existing fences did not actually follow the property line all that well. It ended up going to court and my dad won because he had the "better" (more expensive) survey. Good luck.
Posted by pointdog33
Member since Jan 2012
2765 posts
Posted on 10/8/14 at 11:08 am to
Your conjecture was as solid as mine based on you first sentence.

I posted adverse possession law C.C. Art. 3473, et seq. you posted acquisitive prescription.

I just called by your proper lawyer name. Why would being called an esquire seem sarcastic?
Posted by Clyde Tipton
Planet Earth
Member since Dec 2007
39780 posts
Posted on 10/8/14 at 11:08 am to
quote:

On my way to Property Attorney.


I would just ask for a consultation, then I would build the fence. If that guy wants to fight it, make him go hire an attorney and file all the bs to get the ball rolling. He'll just move on...
This post was edited on 10/8/14 at 11:09 am
Posted by geauxcats10
AP
Member since Jul 2010
4199 posts
Posted on 10/8/14 at 11:10 am to


So this being the one from the court house is not valid anymore?
This post was edited on 10/8/14 at 11:19 am
Posted by lsu480
Downtown Scottsdale
Member since Oct 2007
92893 posts
Posted on 10/8/14 at 11:10 am to
quote:

The bad thing is I owner financed it for 3 years and 7 years later she still has not paid it off. She has paid me almost triple in late fees and penalties vs what the property is worth.



Why is that bad?
Posted by eng08
Member since Jan 2013
5997 posts
Posted on 10/8/14 at 11:11 am to
Ok maybe it was homesteading? I can't remember all of the details, but the gist is there. I was kinda drunk a lot then.
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