Investopedia article on squatting / adverse possession says they close Rockefeller Center for one full day each year to prevent squatters.
---- Original Message ---- From: "Chuck McCown via AF" [email protected] Sent: 1/4/2021 1:22:03 PM To: [email protected] Cc: "Chuck McCown" [email protected] Subject: Re: [AFMUG] OT: Buying land I think the only way you can get land that way in Utah is if you had presumed you owned it and the county tax assessor did too. I think you have had to use it for 19 years and all the while being open and notorious. Here is a list: There must be a hostile claim: the trespasser must either make an honest mistake (like relying on an incorrect deed); merely occupy the land (with or without knowledge that it is private property); or be aware of his or her trespassing; There must be actual possession: the trespasser must be physically present on the land, treating it as his or her own; There must be open and notorious possession: the act of trespassing cannot be secret; and There must be exclusive and continuous possession: the trespasser cannot share possession with others, and must be in possession of the land for an uninterrupted period of time. From: Adam Moffett Sent: Monday, January 4, 2021 11:59 AM To: [email protected] Subject: Re: [AFMUG] OT: Buying land That's adverse possession. You have to invest several years of your life into that. Live there openly with nobody stopping you for years, and apparently in some places go pay the property taxes too. I'm fascinated that it's a real thing, but I'm not sure how you do it. Maybe you'd find a property owned by an absentee landowner. Start squatting. Tell the neighbors you've "moved in down the road" without specifying any other details. Smile and wave when you drive by so they all know you're there. Quietly go pay the taxes. Hope the landowner ignores his tax statements or doesn't question why the balance is always zero. Or maybe you convince the muni to send the statement to you instead of the owner. When the timer expires get your lawyer to start proceedings. I think it's something along those lines. I think people who pull that off must be either very lucky or very clever. Plan B is a stint in jail for criminal trespassing and criminal mischief and whatever else they can think of. So either way I suppose you get a roof over your head. On 1/4/2021 1:25 PM, Steve Jones wrote: anybody looked into the squatter laws how those creeps are able to occasionally take possession of properties and magically become the lawful owners? seems that may be the least expensive way to obtain things On Mon, Jan 4, 2021 at 10:34 AM Bill Prince [email protected] wrote: California has a similar law. The period is 5 years, and there are a series of points that need to be made. If the easement is considered valid then the court "may" issue a payment to the land owner over which the easement is granted. bp part15sbs{at}gmail{dot}com On 1/3/2021 7:54 PM, Brian Webster wrote: Sometimes a good land surveyor can help you get a prescriptive easement in situations like this. Mt brother is a surveyor so my understanding of how he has done this in some cases is probably not the legal way of describing it. MY understanding is it goes like this. If a person has been granted easement over a property over a period of time (I think 5 or 10 years but not sure) and there is evidence that it has been permitted (an old farm lane or access road is a good example) that has not been challenged by the property owner that you cannot use that access road. Then at least in NY that can be legally called a prescriptive easement, and as such you can actually file that and record it as a deeded easement. It's not an easy process and there is a lot of posturing and the case law has to be argued in court in a lot of cases. So in some cases that he has helped, he looked up historical aerial images (not on line but at the local soil and water conservation district) and found stuff dating back to say 1927 or 1954. In these cases there was a lot less forest and he could see a farm lane or access road that was used. Enough use that it's very evident from the phot. Then with this information, he will go out on the land and try to find hints of that road or access lane. If he finds that road, even in the current forested area, he helped the landlocked property owner gain that prescriptive easement and then recorded a deeded easement. Some of that cheap land locked property might be something you could do this with. Now I am not a lawyer or a licensed land surveyor so my description cannot be taken and legal advice. Prescriptive easement laws and case law may be different in various states so check on that with someone who is qualified on the topic. In NY Licensed surveyors have a limited right to practice law in land issues for cases like this. My brother always said that was the hardest part of his surveyors license to get through. He spent a lot of time studying and reviewing case law. Thank you, Brian Webster www.wirelessmapping.com -----Original Message----- From: AF [mailto:[email protected]] On Behalf Of Bill Prince Sent: Sunday, January 3, 2021 7:26 PM To: [email protected] Subject: Re: [AFMUG] OT: Buying land I think those are called land locked or something similar. Unless and until an owner (or prospective owner) can buy deeded access, it would be worthless to anyone except perhaps a helicopter pilot. bp part15sbs{at}gmail{dot}com On 1/3/2021 4:23 PM, Adam Moffett wrote: The absolute cheapest land seems to have no deeded access at all. I'm not sure who would ever buy those lots....but someone is selling it so therefore they bought it at one time. On 1/3/2021 6:04 PM, Bill Prince wrote: I can add another thing. We live on a quarter section that was divided into 4 approximately 40 acre parcels. Most of the land is not really "buildable" except for a dozen or so acres on the ridge top. They carved up the parcels to give everyone close to the same amount of ridge top space, and then divided the remainder and attached it to the ridge top home sites. The road easement runs along the south side of the ridge top. This arrangement worked out pretty well for 3 of the 4 parcels, as the road easement ended up running along the boundary between two adjacent parcels except for one parcel. I think we got the best deal, as we're at the end of the road easement, and "none" of the road (or the easement) actually runs through or even along the side our property. However, one of the properties has his 4 acres or so at the top of the ridge, and the remainder of his property is on the other side of the easement. As a result, the two of us at the end, drive through his property whenever we come or go. No big deal to us, but it rubs this guy raw whenever we drive by, as he sees us as "trespassers" because he thinks of that part of the easement as his private property. When the guy gets drunk, he will call the sheriff to report us as trespassing on his "private" property. Years of entertainment ensue. bp part15sbs{at}gmail{dot}com On 1/3/2021 12:59 PM, Chuck McCown via AF wrote: A good title insurance policy should dig up and disclose all the gotchas. Sent from my iPhone On Jan 3, 2021, at 9:19 AM, Bill Prince [email protected] wrote: ?Depending on the terrain, see if you can get your hands on a parcel map and any benchmarks. Property boundaries can be an issue. If you can't do that, get a title insurance policy that insures you against any future boundary disputes. if there is a time limit in the insurance policy, make sure you understand the implications and/or negotiate for a longer time. bp part15sbs{at}gmail{dot}com On 1/2/2021 9:28 PM, Adam Moffett wrote: I'm poking around Zillow for a piece of cheap land. Basically looking for some place to play around in the woods, with the possibility of building an off-grid camp/cabin in the future. The pitfalls I'm aware of are wetlands and places with no access. What else should I watch out for?' -- AF mailing list [email protected] http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- AF mailing list [email protected] http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- AF mailing list [email protected] http://af.afmug.com/mailman/listinfo/af_af.afmug.com
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