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  1. #17
    Join Date
    Oct 2011
    Posts
    148

    Default Re: Neighbor Suing for Adverse Possession

    Quote Quoting kyshriner
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    No it doesnt say adverse possession in the court papers the lawyer sent to us - the attorney says it is a very uphill battle for him to win - my lawyer said that he is trying to prove adverse possession after he read the complaint - I have not talked to him personally but we have tried to negotiate between the attorneys - and he doesnt want to budge - in the complaint there is a lot of stuff showing the driveway has been there for many yrs by showing who the previous owners were - this is really crazy all this over about 3ft of gravel - if you measure from the property line he still has a little less than 10ft of driveway width - I just hope the judge sees through all this
    Interestingly enough - much like cars people see houses & land as a part of their personal space. Any affront to that physical space is deemed a personal insult. So, your neighbor rather than seeing it as a 3' piece of gravel sees it as something else. It's not logical, but it's a concept I use to frame how crazy people get about stuff like this. On your side - you have title of record which essentially means he's using the area without your permission. I like to call it trespassing.

    If the matter is already moving to court? - the plaintiff (neighbor) will have to prove a WHOLE lot of things and it will get very costly for him as he will have to furnish facts - pictures, receipts, hostile use etc.

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