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Discussion Boards > Active Subjects > Messages as Posted > Buying Ranch Farm Acreage Forum

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03-23-2011, 10:35

Post: 177527

auerbach

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LAND LAWS

Such rights do exist in law, under various old terminology. Tell the neighbor you want to help to consult a lawyer or to look up on the internet "squatters rights," "eminent domain," or "adverse possession" plus the name of the state.

For instance, in some jurisdictions, if you use unoccupied land continuously for a ten-year period during all of which time you fenced or otherwise marked it as for your own exclusive use, you can then claim it as yours. However, generally some authority (higher than a justice of the peace, such as a state-level judge) can accept or reject the takeover.

Sometimes, rather than a costly court dispute, the two parties settle on a compromise, such as a change to the property deed giving the squatter some of the disputed property. (Typically the one who gains pays the costs, and undertakes to not make further such claims.)

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03-23-2011, 16:38

Post: 177544

auerbach

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LAND LAWS

If it goes to court, as a matter of course the owner would demand legal PROOF from the claimant that he had done everything the law requires to win an adverse-possession claim. That can be hard to do.

In the case you cite, you/they might look into mediation or arbitration services. Many jurisdictions encourage this, especially for this type of dispute. (A mediator tries to resolve it to the reasonable satisfaction of both sides; an arbitrator hears both sides and comes to a binding ruling like a judge.) These services can be low cost or even free. Or they can hire their own, such as a retired lawyer.

If it were me, I might suggest that the claimant signs a quit-claim relinquishing interest in the disputed turf, and pays a nominal fee such as $50 to the owner, who in turn signs that the claimant may continue using it as in the past, for a further five years. That way they both win.

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