DE man loses $125K property to “squatter rights” neighbor after trying to remove goat pen

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NC FNS

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I remember when a town in CT (New London?) passed an eminent domain law so they could take a beachfront motel property because they had a better use for it. Kind of Communist in my opinion…
 
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There are similar laws here and many other states. The defense is simple. Have your property professionally surveyed and marked. If someone tries to use so much as a square inch have them properly notified and if they don’t stop sue.

These types of transgressions along with easements can be a bear to untangle so it’s best the stay proactive.

Yea, been there done that. I was lucky in that while the judge wanted to side with the other guy, city officials stepped in and explained that while it was once legal it no longer was. Oh, and that the city was prepared to enforce the statutes.
 
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So property was abandoned for decades for this to happen. It's kinda like salvage rights in the water or vehicles abandoned. I don't see how she got the entire property and the fact that another neighbor had encroached as well would have ruled out her exclusive claim but it's Delaware so what would you expect???
 

jmca

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We used our neighbors cow pasture for our horses for years. We maintained the fences and gates, mowed it when it got out of control. It was a known fact that it was the neighbor's property. When he died, his son came to talk to Mom and Dad about legal ownership and such. Dad and Mom said Yep, its yours, it was always a gentlemen's agreement on use and maintenance. He was happy there would be no Squatters issues as he was preparing to sell.
 

Cholo

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That's disgusting. It sounds like a law out of the 1600's.

In the mid 80's my neighbor was selling his house that had a chain link fenced backyard. Back then it was GA law you had to have your property surveyed before you could sell it.

I was there when the surveyors came out. He told me that fence looked awfully close to my line. I said I didn't care and he told me that Mickey would have to tear that side down if it was one iota on my property. Micky and I tried to get it 6" to a foot inside his line. It ended up being 6".

I told him I'd heard that if something was on your property for 7 years it became the "squatters". He said that was BS, at least in the State of GA. He said it could be across a property line 100 years and they'd still have to tear it down.

That's been changed, but I don't know for how long.

It is crucial that you speak up if you believe your neighbor is encroaching on your property. In Georgia, a neighbor can begin to establish ownership over part of your land if they cross the boundary line and you do nothing to stop them. After seven years of silence another owner could jeopardize your ownership of the area that they have claimed as their own. For example, if the other owner builds a fence on what they believe to be the property line, it could become the property line if you do not say anything for a prolonged period of time. Preferably, you should do something beyond simply speaking with them to register your opposition in order to have concrete evidence to back up a future legal claim.

 
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On the beach and in the hills
So property was abandoned for decades for this to happen. It's kinda like salvage rights in the water or vehicles abandoned. I don't see how she got the entire property and the fact that another neighbor had encroached as well would have ruled out her exclusive claim but it's Delaware so what would you expect???
If the owner paid taxes, and if he hadn't the government would have taken the land, no way the land is abandoned. I have to wonder what the judge got out of the deal. I'd like to see how the appeal turns out.
 

Dan in MI

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If the owner paid taxes, and if he hadn't the government would have taken the land, no way the land is abandoned. I have to wonder what the judge got out of the deal. I'd like to see how the appeal turns out.

That right there sounds like an out or multiple lawsuits.

The municipality owes you for taxes you paid on land that "isn't" yours. The new owner is delinquent on taxes, or owes you what you paid.
 

Jack Ryan

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Indiana
We used our neighbors cow pasture for our horses for years. We maintained the fences and gates, mowed it when it got out of control. It was a known fact that it was the neighbor's property. When he died, his son came to talk to Mom and Dad about legal ownership and such. Dad and Mom said Yep, its yours, it was always a gentlemen's agreement on use and maintenance. He was happy there would be no Squatters issues as he was preparing to sell.
If you are given permission, it is not squatting and none of the ALLOWED use counts as building squatter's rights.
 
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