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  #11  
Old 07-05-2006, 02:30 PM
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Quote:
Originally Posted by B Rookard
Well that's what I get for thinking that my statement was obvious in it's context.

But, I have to remember who I'm dealing with.

I'll remember to be as obtuse with you as you are with me next time.

Silly me to think you were talking about gaining title generally as is usually done in these forums. I did not know you were posting that nobody would get title to just your land by adverse possesion. Really, if it is just about your land, no one else cares.
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  #12  
Old 07-06-2006, 08:55 AM
georgealexander georgealexander is offline
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I side with Codee....

.....in general.

My experience was with a 7 year period.

I discussed 'adverse possession' with a trustworthy attorney....yes, he was. Lets call him a lawyer.

He told me, 'The courts have viewed thousands/many/large numbers of 'adverse possession' cases. Very few are granted.

That conversation took place 30 years ago.

George Alexander
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  #13  
Old 07-06-2006, 08:58 AM
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I did about fifty driveways in one year, so I disagree
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  #14  
Old 07-06-2006, 10:28 AM
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citizensoldier citizensoldier is offline
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Quote:
Originally Posted by Codee
I did about fifty driveways in one year, so I disagree

An easement does not grant any interest in the land - it only provides evidence of a contractual agreement between the landowner(s) and whomever requests a right-of-way.

Just because you work in an industry that repeatedly violates property rights under color of law and get away with it due to ignorance of the land owners doesn't show you are right.

Jdogpupil:

Your intentions as described in this thread show you to be a disreputable sort who seeks to steal land from its rightful owners.

Follow what honorable, moral, law-abiding people do - save up the money to buy property.

Last edited by citizensoldier : 07-06-2006 at 10:30 AM.
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  #15  
Old 07-06-2006, 11:07 AM
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Quote:
Originally Posted by citizensoldier
An easement does not grant any interest in the land - it only provides evidence of a contractual agreement between the landowner(s) and whomever requests a right-of-way.

Just because you work in an industry that repeatedly violates property rights under color of law and get away with it due to ignorance of the land owners doesn't show you are right.

Jdogpupil:

Your intentions as described in this thread show you to be a disreputable sort who seeks to steal land from its rightful owners.

Follow what honorable, moral, law-abiding people do - save up the money to buy property.

First land belongs to those on it. It is the propper position of the land to be possesed by those living on it.
Second, prescriptive easements are not contractual. A contract would actually prevent this type of easement.
Third, My "industry" of land surveying does nothing. We simply describe the land for someone and prepare a description of the property for them in an exhibit. Property owners are the ones that "steal" from eachother, not the land surveyors.
Fourth, not all prescriptive easements are for Right of ways.
Fifth, the largest private land owner in the US (sierra pacifffic timber) did not "save up money" and buy the land, they used state governors to help them "steal" it from the people. They inheritted their land from the mommy corporation (person) the union pacific rail-road which got the land for NOTHING. So most land was not "purchased" by "people" with "money" by honorable means.
Sixth, By what right do you own your land. Was your land not stolen from Natives? Oh thats right, thats a different sort of hostile possesion.
Eighth, Contracts are not "color of law" they are law. Further, easements have been around for a long time and will be. They are most definitly law. Why would you assume that usery and interest is not law???
In closing, thank you to anyone who claims any land back from those asses
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Last edited by Codee : 07-06-2006 at 11:13 AM.
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  #16  
Old 07-06-2006, 11:34 AM
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citizensoldier citizensoldier is offline
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Quote:
Originally Posted by Codee
First land belongs to those on it. It is the propper position of the land to be possesed by those living on it.

No - the land belongs to the lawful owner. Property rights are the foundation of law. It appears you do not support liberty, individual rights, or the law.

Quote:
Second, prescriptive easements are not contractual. A contract would actually prevent this type of easement.

Not so.
A prescriptive easement arises if someone uses part of your property with your permission. It can also occur when you use part of your neighbor's property without approval. A prescriptive easement involves only the loss of use of part of a property, for example a pathway or driveway.
The legal test to acquire a prescriptive easement of another owner is that the use must be open, not secret, notorious, clearly observable, hostile, without the landowner's consent and continuous without interruption for the number of years required by state law.

Given the above, a prescriptive easement can be either a contractual agreement or adverse possession.

Quote:
Third, My "industry" of land surveying does nothing. We simply describe the land for someone and prepare a description of the property for them in an exhibit. Property owners are the ones that "steal" from eachother, not the land surveyors.

Not - by your own words, you receive pay from the companies that violate property rights of the land owners by adversely obtaining easements under color of law.

Quote:
Fourth, not all prescriptive easements are for Right of ways.

An easement IS a right-of-way.

http://www.dictionary.com

ease·ment ( P ) Pronunciation Key (zmnt)
n.

Law. A right, such as a right of way, afforded a person to make limited use of another's real property.


Quote:
Fifth, the largest private land owner in the US (sierra pacifffic timber) did not "save up money" and buy the land, they used state governors to help them "steal" it from the people. They inheritted their land from the mommy corporation (person) the union pacific rail-road which got the land for NOTHING. So most land was not "purchased" by "people" with "money" by honorable means.

Why would the above matter to you - you propose doing the same thing.

Quote:
Sixth, By what right do you own your land. Was your land not stolen from Natives? Oh thats right, thats a different sort of hostile possesion.

No - my land was obtained by the Texas Republic as war prize against Mexico.
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  #17  
Old 07-06-2006, 02:05 PM
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Quote:
Originally Posted by citizensoldier
A prescriptive easement arises if someone uses part of your property with your permission. It can also occur when you use part of your neighbor's property without approval. A prescriptive easement involves only the loss of use of part of a property, for example a pathway or driveway.
SEEMS TO CONFLICT DIRECTLY WITH WHAT YOU SAY BELOW
(being neighbors has nothing to do with it)
Quote:
Originally Posted by citizensoldier
The legal test to acquire a prescriptive easement of another owner is that the use must be open, not secret, notorious, clearly observable, hostile, without the landowner's consent and continuous without interruption for the number of years required by state law.
Which one is it. Here is a clue,,,,it is the no contract no permission
The one where you get there permission is an expressed easement of record.
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Last edited by Codee : 07-06-2006 at 02:31 PM.
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  #18  
Old 07-06-2006, 02:33 PM
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Quote:
Originally Posted by citizensoldier
No - the land belongs to the lawful owner. Property rights are the foundation of law. It appears you do not support liberty, individual rights, or the law.

I am the source of law. I do not need to "support" what I create. It is your obligation to support you liberty, not mine. If you want me to stand up for you, you can send me some money; Thats the way it works in my land.

I am guessing since you avoided the whole native american thing that you do not support
1) prior claims
2) sovereignty
3) Giving equally for your takings
4) Life free of small pox

Do you support...
1) Taking land by murder (makes adverse possesion seem like cupcakes)
2) Using biological small pox to aquire your land that you "Worked hard and honest for"
3) Native Americans entering your house with a 500 yr old deed and scalping your invading ass.

Adverse possestion!!! BAH!! YOUR WHOLE @#$@# COUNTRY WAS TAKEN BY MURDER
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Educational and entertainment only. Nothing posted intended as legal advice. Nothing is legal advice. All responses are general in nature even if responding to a specific question. Nothing in my posts pertains to ANYONE else but me.
Hire an Attorney.

Last edited by Codee : 07-06-2006 at 02:38 PM.
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  #19  
Old 09-26-2006, 12:54 PM
jdogpupil jdogpupil is offline
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With respect to Adverse Posession:

The law says I must give Constructive Notice of Possession. What exactly does that mean? What is a real-world example?

Last edited by jdogpupil : 09-26-2006 at 12:56 PM.
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  #20  
Old 09-26-2006, 02:03 PM
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mikah2k mikah2k is offline
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Quote:
Originally Posted by jdogpupil
With respect to Adverse Posession:

The law says I must give Constructive Notice of Possession. What exactly does that mean? What is a real-world example?

Write up your own doc, and record it. Below is sample wording:

"Notice of Possession"
This notice is a constructive notice of possession, by the author(s), of land(s) having the following legal description to wit:
[legal description goes here]"

Sign it, date it, notarize it.
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