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mountedpandahead t1_itg7u71 wrote

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.

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Grand_Profession_207 t1_itgknx7 wrote

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.

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mountedpandahead t1_itgn2a9 wrote

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

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