Grand_Profession_207 t1_ite5lht wrote on October 22, 2022 at 11:24 PM

Reply to comment by DeliciousScratch3899 in State Senator stealing my land by Silly_Yak_3741

This, the idea behind the law is the land has to have been adversely possessed in the first place. If the prior owner ALLOWED him use the land to plant the trees, the criteria for AP is not met.

DeliciousScratch3899 t1_iteoip1 wrote on October 23, 2022 at 1:55 AM

He might have not even planted those trees/bushes. People, especially politicians will say anything, if it gets them what they want.

Freshman44 t1_itg9zow wrote on October 23, 2022 at 12:54 PM

Yup, where are those receipts? Otherwise it’s hearsay

mountedpandahead t1_itg7u71 wrote on October 23, 2022 at 12:33 PM

Also. Doesn't the land transferring ownership invalidate adverse possession. You can't be open and notorious and have surveyors retracing the boundary, laying out stakes, going to settlement, then starting the planning phase and .... woops it's mine.

Grand_Profession_207 t1_itgknx7 wrote on October 23, 2022 at 2:23 PM

Not a lawyer but the way the laws surrounding AP sound the sale of property doesn’t reset the clock for either side. Open and Notorious could be as simple as maintaining a garden, it doesn’t necessarily mean building a fence or something. As I said in another comment it’s possible for it to not have been initially malicious it just has to be without permission aka hostile which could be why it wasn’t until the land was surveyed that the discrepancy was noted.

mountedpandahead t1_itgn2a9 wrote on October 23, 2022 at 2:41 PM

I guess there is probably a reasonable time-frame established by statute somewhere

NorwegianSteam t1_itfbjcf wrote on October 23, 2022 at 5:38 AM

> If the prior owner ALLOWED him use the land to plant the trees, the criteria for AP is not met

But an easement may have been established, in which case they still might not be able to do anything to that part of the land.

Grand_Profession_207 t1_itfuo5o wrote on October 23, 2022 at 9:58 AM

It’s unlikely, not impossible but unlikely there’s an easement that didn’t come up during the purchase of the home as it would/should have been incorporated to the zoning maps