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Post by dave on Oct 25, 2019 7:44:47 GMT -6
Neighbor C is having an issue. I would think adverse possession would apply. They own a house that was built in 1930. His Mom lives in the house. I am not sure how long they have owned this place but it is over 20 years. Now the BLM is claiming the house is on BLM land. Again the house was built in 1930. The BLM was formed in 1946. So the house was there for 16 years before the BLM was even formed as a government agency. Someone has been paying taxes on this house since it was built. But here recently the BLM surveyed the ground and claims the house is on BLM ground. Neighbor C has had to hire a lawyer. Of course the BLM being a government agency has access to lots of lawyers. I do think that this is a clear cut case of adverse possession.
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Post by Allenw on Oct 25, 2019 8:49:54 GMT -6
I would get a lawyer and my own survey. Don't trust the government employees doing this to be honest.
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Post by greybeard on Oct 25, 2019 9:50:36 GMT -6
I don't like it, but I don't think ya can successfully use adverse possession against a govt entity, but they can damn sure use it against you or I.
If AP can be used against govt, it's very limited in scope.
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Post by cowrancher75 on Oct 25, 2019 9:52:16 GMT -6
tricky situation.. keep us updated!
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Post by randy on Oct 25, 2019 10:23:14 GMT -6
Government suveyors are often very wrong. I would get my own survey. I know where the government has changed the property lines at least 3 times where local surveyors have often been in a few feet of the orginal line.
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Post by the illustrious potentate on Oct 25, 2019 12:02:02 GMT -6
Neighbor C is having an issue. I would think adverse possession would apply. They own a house that was built in 1930. His Mom lives in the house. I am not sure how long they have owned this place but it is over 20 years. Now the BLM is claiming the house is on BLM land. Again the house was built in 1930. The BLM was formed in 1946. So the house was there for 16 years before the BLM was even formed as a government agency. Someone has been paying taxes on this house since it was built. But here recently the BLM surveyed the ground and claims the house is on BLM ground. Neighbor C has had to hire a lawyer. Of course the BLM being a government agency has access to lots of lawyers. I do think that this is a clear cut case of adverse possession. Another survey and lawyer is a good plan, then if survey comes out as they expect, I'd make noise in every way possible. The climate is right for people to get behind others getting pushed around by .gov And the exposure affects the outcome. Get the evidence to prove it first and post it. Government strong arming should be something we all care about, because it might just one day affect us. |
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Post by randy on Oct 25, 2019 13:26:05 GMT -6
We have a that joins NFS for 3/4 of a mile NFS survey was about a 100 feet from where our survey said the line was. We built the fence on our survey few years later NFS was in the area doing more survey work. They had to redo the survey that they first done for the survey to work on the project they were working on.
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Post by dave on Oct 25, 2019 13:27:32 GMT -6
They have a lawyer. I have never met him but I know that he was raised on a ranch right next door. I have met two of his sisters and I would guess they are in their 60's. As far as survey, I have been told that all the property lines here are screwed up. The thing is this house predates the BLM by 16 years. It has been there for 89 years and nobody said anything. If the BLM does own it what about all the taxes that have been paid on it for the last 89 years? We are only talking about a couple acres but it is the couple acres that the house is sitting on.
The ideal solution would be a land swap. I don't know how the BLM could sell it without putting it out to bid, in which case Neighbor C would have to out bid anyone else.
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Post by birddog on Oct 25, 2019 15:09:00 GMT -6
If they bought it just 20 or so years ago, they should have a deed with a legal description and maybe a survey. How about title insurance?
When I sold my last ranch the buyer demanded a new survey. The survey man said there is no record on who owns the driveway which was cut out of someones property many years ago. It was probably an easement but it was not shown as my property or any of the others around it. I went back to the title company that provided me title insurance for help. They he hawed around with it for almost a month and wouldn't return my calls. Well I called the title insurer and gave them notice of my problem and filed a claim. I didn't have a clue what I was doing but they called back immediately and said they would handle the issue. An hour later the owner of the title company (a lawyer) that did the title work called me and apologized. He had the documents ready the next day for everyone involved signature.
The providers of title insurance rubber stamp everything and never even glance at the property. Sometimes it comes back to bite them.
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Post by ebenezer on Oct 25, 2019 17:10:11 GMT -6
Try to get a quit claim.
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Post by cowrancher75 on Oct 25, 2019 18:38:26 GMT -6
I would claim that i'm a black transgender.. that'll keep em back
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Post by the illustrious potentate on Oct 25, 2019 18:42:40 GMT -6
I see. I thought they were more certain the acres were originally in their boundary.
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Post by dave on Oct 26, 2019 8:22:35 GMT -6
The house sits on the south side of the road. The road follows the contours of the hill on the edge of the valley. Everything south of the road is irrigated. North of the road is rangeland. In 1930 when that house was built the road would have been just a two track. I am certain that the road didn't followed any property line. Both the neighbor between us and I own land on both sides of the road. Back in 1930 the "road" would have ended at my place. The road on through the canyon was built in the 40's or 50's. The house being built in 1930 the Homestead Act would have still been in effect. Although this was not filed on there was such a thing as squatters rights back then. And there was another shack here before the house was built. There has probably been someone living on this site for well over 100 years. I know my irrigation rights go back to 1873. It would be interesting to see how old the irrigation rights are on that property. There are real good records of irrigation rights and that would be one way of proving how long people have been on the land there.
So now years later the BLM comes along and runs a survey. It also clips off a few acres of Neighbor L's property. But it is just a few acres of a hay field. He could just lease it or just say fine it is yours. This being a open range area he could just let his cows graze it off. BLM would have to build a fence to keep his cows off. It is a long and very narrow strip. They would have to build a lot of fence to keep the cows off a few acres.
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Post by greybeard on Oct 26, 2019 9:16:20 GMT -6
I would claim that i'm a black transgender.. that'll keep em back Too generic...Increase the 'diversity'....Black Asian transgender |
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Post by dave on Oct 26, 2019 14:22:26 GMT -6
I would claim that i'm a black transgender.. that'll keep em back Too generic...Increase the 'diversity'....Black Asian transgender How would an 80+ year old white widow lady work? You going to be the one to kick an old widow lady out of her house? I realize that being white is a point against her, but being an older widow lady should be several points in her favor. |
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