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  1. #1
    Join Date
    Jan 2014
    Posts
    4

    Default Property Sold While Adverse Possession Case Was Being Litigated

    My question involves real estate located in the State of: wi

    adverse posession case. i recently WON the case. BUT over the past 11 yrs of the case the county bought land from the farmer i was in dispute with DESPITE my saying they had no legal right to it because i was disputing it. they went ahead anyway and then when i got the ruling the judge didnt revert that land back to me like i was told would happen. how do i get this land back to me? any help is appreciated!...........scot

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Successful Adverse Possession Ruling But

    Spend a bunch more money and argue that upon you filing your suit it has been born out that you had a valid claim of ownership and as such, the sale is not a valid sale.

  3. #3
    Join Date
    Oct 2011
    Posts
    314

    Default Re: Successful Adverse Possession Ruling But

    How much land is it + is it worth the cost of more attorney time to get it back.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Successful Adverse Possession Ruling But

    glad ben posted. Been ill and forgot the OP's pm to me.



    yes, the relative time of filing suit and the sale of the property is important. That in itself brings about some odd questions though since if the property was sold during your trial, the buyer would have to be, at least, enjoined to the suit since the resulting decision would actually be against them rather than the prior owner.


    so, please layout an accurate timeline of when you first filed suit, when the property was sold to the government entity, when the decision was reached in your suit, and any other actions you feel are important.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Successful Adverse Possession Ruling But

    Was lis pendens file and, if not, why not?

  6. #6
    Join Date
    Jan 2014
    Posts
    4

    Default Re: Successful Adverse Possession Ruling But

    i wilkl try to find paperwork again. lis pendins? sounds familiar. whats that exactly? it just comes down to lawyers who didnt know how to do it. i ASKED to have the county added to the suit and he said not necesssary if i win i get that land as well. didnt happen or at least possibly the crooked judge just didnt allow it because his pal was involved in the suit! its a big mess and i cant rely on anyone around here for answers so im reachin out for help. thanx all and stay tuned will try to put together a better picture for u......scot

  7. #7
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Successful Adverse Possession Ruling But

    lis pendens is actual as opposed to constructive notice that a suit has been filed relating to the title of real property. It serves as notice that the plaintiff has filed a claim for title to the property preventing (among other things) the sale of the property.

  8. #8
    Join Date
    Jan 2014
    Posts
    4

    Default Re: Successful Adverse Possession Ruling But

    id have to say no. second attorney didnt file timely like i wanted him to. will have to look timeline BUT they were informed as me and my parents met with the county and hwy commission and explained our position. they went ahead anyway. will try to dig out some paperwork for u guys. theres ALOT so im not sure how quickly. thanx again.....scot

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