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Originally Posted by jdogpupil
I enjoyed that post. Very eloquent. Does this constitute a claim to title by way of "estoppel"?
I'm trying to understand the term better but I imagine that your hypothesis is a fair example.
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Without Prejudice.
Yes estoppel comes into play. "Notice and grace" also comes into play. See also: quiet title, lis pendens.
If you have land at Texas and I run notice in the newspaper for 30 days and actually mail you in say Los Angeles to inquire if anyone has a claim conflicting with mine then after 30 days no one bothers to contact me, I can rightfully presume that the land is abandoned or that no one else has a conflicting claim. I can in good conscience take taking possession. If anyone tries to give me trouble, I can point to papers on file with the Recorder: 1) copy of mailed notices, 2) registered mail stubs, 3) copy of notice in the newspaper, 4) copy of notices to sheriff/clerk, secretary of State, etc.
Now, obviously, if I see men or women (of any skin tone) standing on a piece of land and cultivating it, I wouldnt bother with such land (farmland, a piece of land with a fence and a house and mowed grass, etc.). But as for an un-fenced piece of land with plantlife growing wildly, I dont see why doing something as I have alluded to would hurt anyone. I have seen thousands of miles of the American countryside and there is plenty of land available, the issue is gaining or perfecting access to highways, roads or the like from the land.