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  1. Adverse Possession: Re: How to Establish Adverse Possession When the Owner is Unknown

    Not similar in any way. It's a differnt area of the law.



    Of course once the statutory requirements are met he has everry right to do so. That was the point of my originl post.
    That is the...
  2. Adverse Possession: Re: How to Establish Adverse Possession When the Owner is Unknown

    I already dealt with that non-issue in an earlier post. In the contemplation of the law, an immediately marketable title, as I have pointed out, is not a requirement for title by adverse posession. ...
  3. Adverse Possession: Re: How to Establish Adverse Possession When the Owner is Unknown

    The highest form of title is described here:

    "The lapse of time limited by such statutes not only bars the remedy, but extinguishes the right, and vests a perfect title on the adverse holder." ...
  4. Adverse Possession: Re: How to Establish Adverse Possession When the Owner is Unknown

    Having not spent much time reading my previous posts in the thread, which fact is apparent, I would only point out to you that I never said that AP was eaily proven (I think I have already said as...
  5. Adverse Possession: Re: How to Establish Adverse Possession When the Owner is Unknown

    As I stated earlier in the thread, this is not about the OP at all, but about the overall concept of AP in general, which has been brought up in the thread, and has has been discussed here previously...
  6. Adverse Possession: Re: How to Establish Adverse Possession When the Owner is Unknown

    Not at all. Record title fails in every instance of the the context of actual title. That is my point and it is the point of the courts. A perfected adverse title, not requiring recognition by any...
  7. Adverse Possession: Re: How to Establish Adverse Possession When the Owner is Unknown

    True enough and I think that I posted the equivalent in my first post of the thread. The sole point of my comment was that title passes when the stautory requirements of the state are met, and not...
  8. Adverse Possession: Re: How to Establish Adverse Possession When the Owner is Unknown

    I'm not sure that I am getting your meaning, If the elements for adverse posseion actuaslly occured several years ago, title is vested with the adverse claimantat that time. After that time, the...
  9. Adverse Possession: Re: How to Establish Adverse Possession When the Owner is Unknown

    Actually, courts have consistently supported the position that, once an adverse claim satisties statutory requirements, title lies with the claimant at that moment.

    This seems to be a widely...
  10. Purchase Contracts: Re: Purchasing Land that is Subject to an Easement

    Difficult to say from here. It is a question of intent. A deeded easement cannot necessarily be eliminated in such a manner. Deeded easements to be given up need to be extiguished in a very...
  11. Surveys: Re: Can My Neighbor's Surveyor Be Held Liable for Legal Fees I Incurred Due to His Er

    That is the crux of the matter. We don't know here what the actual error was so there is no possible opinion nere as to the magnitude of the error (surveyors would term this a "blunder") or the cost...
  12. Purchase Contracts: Re: Purchasing Land that is Subject to an Easement

    Actually, there has to be some sort of grant of easement. The second sentence of the phrase I have quoted is another sentence from this poster unintellgible in the English languge. Just another such...
  13. Water Runoff: Re: Drainage Ditch on Property Without Recorded Prescriptive Rights

    In purchasing property with questions, it is best to be represented by a local attorney, during the negotiations and at closing. All of the answers will be forthcoming. It's the cheapest insurance...
  14. Purchase Contracts: Re: Purchasing Land that is Subject to an Easement

    There is not nearly enough information provided so far in the thread to even stae an opinion.

    As a surveyor, when I read:

    "which includes the 40.00 access" and also "The 40" access described"...
  15. Seller Disclosure: Re: Closed on House on Friday and 5 Days Later Found All Fraud

    Just repeating what I said earlier in the thread: your title policy likely has absolutely no bearing on an HVAC claim. There may have been other insurance regarding HVAC, appliances, etc. offered at...
  16. Vegetation: Re: Neighbor Asking Us to Pay for Half the Cost of Removing a Tree That is Pushing Fe

    The point really missed in this situation, is that there are no damages at the point of the inquiry.

    The issue brought to the forum was an issue of equity, and not one of damages. I am almost...
  17. Vegetation: Re: Neighbor Asking Us to Pay for Half the Cost of Removing a Tree That is Pushing Fe

    If the trunk of a tree straddles the property line the tree is owned by the adjoiners as Tenants in Common.

    There has basically been no division or other definition of tree ownership as anything...
  18. Seller Disclosure: Re: Closed on House on Friday and 5 Days Later Found All Fraud

    Some of the posters here have experience which is limited to their own jurisdictions and do not understand that pre-existing homes in some parts of the US are not subject to bureaucratic inspections...
  19. Easement Use and Enforcement: Re: Neighbor is Obstructing Their Side of a Shared Driveway Easement

    No, that does not create gounds for termnination.

    Unless the esement specifically allows parkig on the easement (possible but very unlikely) there is no parking or other obstruction or any other...
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    Purchase Contracts: Re: How to Complete a Lot Line Adjustment

    And you stood by, letting the statuitory period drift past, and he has got some sort of rights to your property.

    In running the numbers regarding the issue, be aware that any mortgage holder on...
  21. Maintenance and Repair: Re: Drive Way Use Easement Issue

    I am not getting this at all. Can someone explain?

    As for the "sample" referenced in the same post, I am not understanding how this sample applies to the specific question in this thread or how it...
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    Easement Use and Enforcement: Re: How to View Copies of Actual Deeds

    Further to what Catmad said, I would point out that deeds created by courts, and that would include deeds of easement, etc., might be found only on court records, rather than in a register of deeds...
  23. Easement Use and Enforcement: Re: Six Percent Allowance for Roads in Pennsylvania Easement Language

    Unfortunately there are no surveyors or attorneys left here in this portion of the forum, other than myself, and I post infrequently these days. All of the other surveyors who used to to post here...
  24. Easement Use and Enforcement: Re: Public Use of Private Ways

    To the OP:

    You need to ask Mr. Rumley, in writing, that if you transit the supposed public right of way in querstion in this post, and are subsequently charged in court with a suit for trespass,...
  25. Easement Use and Enforcement: Re: Public Use of Private Ways

    From the Medford City Assesor's map website:

    "MassGIS makes no warranty, representation or guarantee as to the accuracy, currentness or completeness of any of the information provided herein. The...
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