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  1. #1
    Join Date
    Jan 2014
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    4

    Default Establishing Land Rights After a Marker Location Error is Found

    My question involves real estate located in the State of: wisconsin i listed this a while back but everyone needed more info so i put together this timeline. hope this helps make everything clear and let me know if can be of any help. thanx!......scot

    scott "smith" vs neal "jones"........adverse posession/boundary dispute

    2000 i purchased this home

    early 2001 rumors of road renovation

    01-02 county informed us of a "problem" with the lot corner marker post showed in appraisal report
    they soon after removed it

    9-02 county offered to purchase my home but later rescinded the offer

    02-03 i made neal jones several offers to purchase the land in question. he initially said OK with rediculous stipulations and then later changed his mind altogether

    soon after me and my parents met with the county engineers /chairman to discuss the boundary dispute again. made it clear my position of the land being in dispute and a sale without first determining the rightful owner would be illegal in my eyes and is obviously attached to MY parcel not neal stippichs. they went ahead and purchased "MY" land from neal stippich anyway. they also had a 1946 survey map showing the land attached to my parcel!

    2-3-03 neal jones sold the land in question to the county including "my" sections

    03-04 i hired attorney utech to make offers to neal jones and resolve without court but was of no use

    04 i hired attorney stroschien to file adverse posession case. he kept NOT filing in spite of my demands he do so my knowing there is no dealing with the man and of no use! he continued to work deals to no avail.

    1-07 case finally filed with court but attorney quits stating they he cannot handle a court pleading. i was very angry he wasted my time for YEARS knowing full well he was incapable of doing the job i hired him to do!

    7-08 attorney stroschiem officially quits and i hired the final attorney hoeper to do the court pleadings. court gives continuation and allows for changes to witness and defendants lists etc. i dmeanded he add the county to the case as they now owned more of my land than neal jones! he never did even tho i said just do it to cover all my bases. he did not and told me if i win the case that land will revert back to my parcel anyway.

    11-30-09? i won the adverse posession case 6-23-10 new title recorded
    judge said NO to the parcels sold to the county citing that they were not on the defendants list!

    PROBLEM: how to get these county owned parcels re attached to mine? is it a simple filing concern to ammend defendants list?

    i found some info citing that land purchase would be considered illegal due to the fact both parties entered into a contract knowing it was in dispute and could very well be mine. dealing illegally and in bad faith?

    more recently ive tried to make offers to the county to purchase it back and they refused

    when i approached attorney hoeper to correct his "error" and finalize this and get my land returned he refused to help any further & to respond in future to the state attorney defenders office if i feel negligence on his part. ( i did bring that up at the end of our relationship) if anyone thinks that is an option i have more info on that but just really need to get my land back to make this a saleable property. its useless and i cannot put a legal end to the damage neal jones continues to do on or around my property as he concentrates on the parcels he sold to the county and i dont have a legal leg to stand on with the authorities. a real nightmare. let me know if u can help!........scot

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Establishing Rights After a Marker Location Error is Found

    You appear to be stating that you lost your case in 2009. If that's the case, you should consider this to be a done deal and move on with your life.

  3. #3
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Establishing Rights After a Marker Location Error is Found

    I think OP won adverse possession against neighbor but since neighbor had already sold part of the parcel to the County he did not get that part back. It would seem that neighbor never had the right to sell the parcel to the County in the first place. judicial error for appeal?

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Establishing Rights After a Marker Location Error is Found

    1-30-09? i won the adverse posession case 6-23-10 new title recorded
    judge said NO to the parcels sold to the county citing that they were not on the defendants list!
    explain what you mean; no to the parcels not on the defendants list


    if the parcels in question were not part of the suit, then obviously a court cannot deed them to you. I suspect I am missing something though so please explain.

  5. #5
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    Default Re: Establishing Rights After a Marker Location Error is Found

    Quote Quoting budwad
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    I think OP won adverse possession against neighbor....
    But lost in relation to the parcel under discussion, assuming it was even part of the lawsuit. By "not on the defendants list" he could mean that he omitted it from the list of property that he was claiming from the defendant.

    He apparently did not appeal.

  6. #6
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Establishing Rights After a Marker Location Error is Found

    I don't understand why OP filed an adverse possession case in the first place if he had a survey showing that the land belonged to his parcel in 1946. I assume that there is no deed of record conveying that land to the neighbor. If the chain of title does not show conveyance of that land to the neighbor then neighbor had no position to sell it to the County.

    soon after me and my parents met with the county engineers /chairman to discuss the boundary dispute again. made it clear my position of the land being in dispute and a sale without first determining the rightful owner would be illegal in my eyes and is obviously attached to MY parcel not neal stippichs. they went ahead and purchased "MY" land from neal stippich anyway. they also had a 1946 survey map showing the land attached to my parcel!
    In 1946 OP owned the land and at some point the survey changed without a deed. I'd be looking at the title insurance companies involved.

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