Adverse Possession links....

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Adverse Possession links....

Postby ianw2 » Fri Dec 20, 2002 8:34 am

I'm currently collecting data across the country regarding adverse possession. I'm looking for a little help from fellow land surveyors in the various states (US),

What I need help with is finding your state's statutes on adverse possession. Most states have the statutes on line. Many of you regularly use your own state's legislation website. If you would be kind enough to forward the web link to the code section in your state, I would very much appreciate it!

Thanks in advance!
Ian Wilson
Ian Wilson Land Surveying, Inc.
Temecula CA 92591
(951) 684-1044
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Wisconsin Statutes...

Postby Jeff Austin » Mon Dec 23, 2002 9:02 am

Here is some info from Wisconsin... CLICK
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adverse possession

Postby tim cable » Mon Dec 30, 2002 6:33 pm

adverssess possession can be an interresting subject.
in georgia the statute is seven years.

BUT...... does the surveyor decide ownership upon the adversely possed line OR is this a job for the COURTS?

it seems to me that us surveyors have no problem in deciding ownership upon an adversely possed line that is only tenths or even several feet sometimes(on older deeds), but, we recommend an attorneys opinion to our client if that distance is signifcant. ??? The Bible teaches us that sin is sin, hence stealing land is stealing land, so is it ok to steal a little?

thanks,
tim cable
Blairsville, Georgia
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Advers possession is a useful tool...

Postby ianw2 » Mon Dec 30, 2002 8:51 pm

Tim, I agree, adverse possession IS a very interesting subject. Do you have a link to your state’s legislative web site with the code section?

No, in most cases, the surveyor cannot determine whether a parcel is held adversely. He can and should, however, note the discrepancies and inform his client. The client must then take action to quiet the title by either an order of ejectment or by a claim of adverse possession.

In some cases, the surveyor may be able to help the owner with the paperwork and or filings necessary to have the case heard in court. At the very least, the boundary surveyor should be versed enough with the concept of adverse possession to assist an attorney with the case. The surveyor, as an expert witness, can testify to facts gathered during the survey and express opinions as to the importance and significance of the facts. The surveyor skilled in courtroom testimony can greatly assist a good attorney in presenting the case. Because he is an “expert witness”, the surveyor can enter facts and opinions into the proceedings in ways that an attorney and other witnesses cannot.

The Bible (Torah) does teach us that sin is sin. However, the Torah (Bible) also teaches us to be good stewards of G-d’s gifts. The land owner who neglects his property and does not even visit it for years is not being a good steward. The man who makes good use of it is. Why should the poor steward be allowed to retain what he doesn’t take care of?

Additionally, the concept of adverse possession is also use to strengthen title! Imagine what title insurance would cost if it were possible for a person to bring up a dubious claim that his great-great grandfather won the property in a card game 75 years ago? By limiting the period in which a claimant can seek recovery of property, the courts prevent this type of claim and actually solidify title!

Thanks for the post, Tim!

Regards
Ian Wilson
Ian Wilson Land Surveying, Inc.
Temecula CA 92591
(951) 684-1044
ianw2
 
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Location: Temecula, California

adverse possession

Postby tim cable » Fri Jan 03, 2003 5:51 pm

ianw2,

let me save you years in time and millions in money.

i have been there and done that.

i hope that you, as a surveyor, will not get laughed out of the court room for showing a difference of 0.05' +/- along every P/L that you ever RESurvey(including your own).

Think About It.

We actually practice our profession a little differently in real life than the school book problems of the classroom.

thanks,
tim
tim cable
 

adverse possession

Postby tim cable » Fri Jan 03, 2003 6:04 pm

ian w.,

also the adverse possession that is being refered to here, is being done right under the nose of the property. (He is actually residing upon this property).

So, will you show the P/L to be to the C/L of an I.P.F., that may have been bumped and moved an inch or so, or maybe set incorrectly by the original survey(which said location will control over brgn & dist.)? or will you show the corner to be at the recorded bearing and distance which places your new calculated corner to be only 0.03'+/- from the I.P.F.?

think about it?
thanks,
tim
tim cable
 

adverse possession

Postby tim cable » Fri Jan 03, 2003 6:06 pm

ian w.,

also the adverse possession that is being refered to here, is being done right under the nose of the property. (He is actually residing upon this property).

So, will you show the P/L to be to the C/L of an I.P.F., that may have been bumped and moved an inch or so, or maybe set incorrectly by the original survey(which said location will control over brgn & dist.)? or will you show the corner to be at the recorded bearing and distance which places your new calculated corner to be only 0.03'+/- from the I.P.F.?

adverse possession is adverse possession whether it be .01' or 100'

think about it?
thanks,
tim
tim cable
 

Adverse possession

Postby pcgarner » Fri Jan 10, 2003 4:34 pm

Silly discussion. Adverse possession varies from state to state in terms of when it ripens, & what criteria determine conditions. The seven years Tim refers to in Georgia is 20 years in Massachusetts, and 10 years in Rhode Island.

0.05 feet can be damned important if you run across it when surveying commercial property in downtown Boston (but not, Tim, in Georgia). That's often real world too.

Ian--have you tried links on the ACSM site? Also, many state boards have legislation posted on their sites. A number of good books exist on the topic as well. Over 50 states, there are probably at least 48 variations, & many of those would have been modified state to state by case law. Complex question!
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Postby ianw2 » Fri Jan 10, 2003 10:17 pm

Actually, PC, it wasn't a discussion. In my original post, I asked for links to state legislative websites. I'm collecting the various state's statutory requirements as well as cases from many of the states which are seminal to the issue. Your suggestion was a good one, and I thank you.

Whether or not suveyors can or should have anything to do with adverse possession is a moot issue. Those of us who are serious about boundary need to educate ourselves.

Cheers!
Ian Wilson
Ian Wilson Land Surveying, Inc.
Temecula CA 92591
(951) 684-1044
ianw2
 
Posts: 139
Joined: Sun Nov 24, 2002 6:45 am
Location: Temecula, California


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