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#3556667 - 01/22/14 08:40 AM Your land or my lannd... ?
plinker22
16 Point


Registered: 02/07/05
Posts: 12562
Loc: Mountians of East Tennessee

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For years I have heard that if someone takes care of a piece of land for a certain period of time... they can legally claim ownership of that land?

Is this a "law" in TN?

Specific to my question:
Say one person owns a 22 ac piece of land. Title/deed map at the court house shows the corners of land with very specific markings. However, a neighbor (the owners hired mower) has been mowing 3 acres of that land for a long time (unsure of how many years, but possible decades). This neighbor cannot just be talked to, as they are surrounded by many layers of security. I assume their attorney/representative will have to be contacted to began to determine true "ownership" of this piece of land.

So, because they have mowed this portion of property for a number of years, can they claim it as theirs?


NOTE: I have posted this in the General Forum as well, but assume I will get many armchair attorney opinions there, you guys prove to me this where I should have asked this question. \:D
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#3556707 - 01/22/14 09:03 AM Re: Your land or my lannd... ? [Re: plinker22]
BSK
Jerkasourous of the non-typical kind
Non-Typical


Registered: 03/11/99
Posts: 65683
Loc: Nashville, TN

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Not that I'm aware of, but a lawyer can probably give you a definitive answer. In property disputes I've seen, everything came down to the legal boundaries. The one unique thing I've seen in TN is property line disputes may be decided by the oldest known markings on the ground (fence/paint-markings) instead of the legal description in the deed.
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#3556774 - 01/22/14 09:41 AM Re: Your land or my lannd... ? [Re: BSK]
tellico4x4
6 Point


Registered: 11/29/04
Posts: 939
Loc: Killen, AL

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We lost a couple of acres in Kentucky one time by this. My father worked for TVA for 40+ years and he was at KY Dam when they closed the gates and formed the lake. Some point after the lake hit full pool, TVA offered excess land that they had acquired to their employees. Dad bought 20 acres, and then a few years later moved to Middle TN. Fast forward about 30 years and after he died, and we dealing with the estate, we found out that somone had actually built a house on the property line with about half of it on us. Long story short, we lost in court and had to deed a little over two acres to them since they had maintained it for years...
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#3556938 - 01/22/14 11:37 AM Re: Your land or my lannd... ? [Re: tellico4x4]
plinker22
16 Point


Registered: 02/07/05
Posts: 12562
Loc: Mountians of East Tennessee

content Online
Thank you BSK.
Ouch at your loss tellico4X4.
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#3557008 - 01/22/14 12:33 PM Re: Your land or my lannd... ? [Re: plinker22]
Boll Weevil
8 Point


Registered: 06/26/11
Posts: 1279
Loc: Hardeman

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I don't mean to spread falsehoods if this isn't true but have also heard of land being acquired for "x" years of delinquent back-taxes. Oftentimes, it's difficult to produce a clear title when ground has been cut up and handed down over the years and/or the legal owner is out of state, deceased (without a will), or otherwise out of touch with their ownership responsibilities.

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#3557025 - 01/22/14 12:44 PM Re: Your land or my lannd... ? [Re: BSK]
Chaneylake
Brownsville Mafia
16 Point


Registered: 12/18/07
Posts: 16650
Loc: on the wings of a snow white d...

Offline
 Originally Posted By: BSK
Not that I'm aware of, but a lawyer can probably give you a definitive answer. In property disputes I've seen, everything came down to the legal boundaries. The one unique thing I've seen in TN is property line disputes may be decided by the oldest known markings on the ground (fence/paint-markings) instead of the legal description in the deed.


this is more true on many of the older legal descriptions since they were not performed by a Registered Land Surveyor, registered surveying laws came to being sometime around 1968 going on memory
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#3557107 - 01/22/14 01:56 PM Re: Your land or my lannd... ? [Re: Chaneylake]
BSK
Jerkasourous of the non-typical kind
Non-Typical


Registered: 03/11/99
Posts: 65683
Loc: Nashville, TN

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 Originally Posted By: Chaneylake
 Originally Posted By: BSK
Not that I'm aware of, but a lawyer can probably give you a definitive answer. In property disputes I've seen, everything came down to the legal boundaries. The one unique thing I've seen in TN is property line disputes may be decided by the oldest known markings on the ground (fence/paint-markings) instead of the legal description in the deed.


this is more true on many of the older legal descriptions since they were not performed by a Registered Land Surveyor, registered surveying laws came to being sometime around 1968 going on memory


Thanks Chaney. That makes perfect sense.

On a side note, I HATE using those hundred-year-old deed descriptions when mapping a property. The survey calls are usually like "...approximately 40 chains in a southeasterly direction to an oak tree..." Oh, that's really helpful...
_________________________
"Know where you stand, and stand there" --Jesuit Father Daniel Berrigan

"There is no reasoning someone out of a position he has not reasoned himself into." --Clive James

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#3557113 - 01/22/14 01:59 PM Re: Your land or my lannd... ? [Re: BSK]
Chaneylake
Brownsville Mafia
16 Point


Registered: 12/18/07
Posts: 16650
Loc: on the wings of a snow white d...

Offline
 Originally Posted By: BSK
 Originally Posted By: Chaneylake
 Originally Posted By: BSK
Not that I'm aware of, but a lawyer can probably give you a definitive answer. In property disputes I've seen, everything came down to the legal boundaries. The one unique thing I've seen in TN is property line disputes may be decided by the oldest known markings on the ground (fence/paint-markings) instead of the legal description in the deed.


this is more true on many of the older legal descriptions since they were not performed by a Registered Land Surveyor, registered surveying laws came to being sometime around 1968 going on memory


Thanks Chaney. That makes perfect sense.

On a side note, I HATE using those hundred-year-old deed descriptions when mapping a property. The survey calls are usually like "...approximately 40 chains in a southeasterly direction to an oak tree..." Oh, that's really helpful...


that is a major problem and one of the real reasons that any natural or man make corner marker will out weigh a given deed call
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Living somewhere between this world and the other, Legends of the Fall

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#3557611 - 01/22/14 09:10 PM Re: Your land or my lannd... ? [Re: Chaneylake]
plinker22
16 Point


Registered: 02/07/05
Posts: 12562
Loc: Mountians of East Tennessee

content Online
 Originally Posted By: Chaneylake
 Originally Posted By: BSK
 Originally Posted By: Chaneylake
 Originally Posted By: BSK
Not that I'm aware of, but a lawyer can probably give you a definitive answer. In property disputes I've seen, everything came down to the legal boundaries. The one unique thing I've seen in TN is property line disputes may be decided by the oldest known markings on the ground (fence/paint-markings) instead of the legal description in the deed.


this is more true on many of the older legal descriptions since they were not performed by a Registered Land Surveyor, registered surveying laws came to being sometime around 1968 going on memory


Thanks Chaney. That makes perfect sense.

On a side note, I HATE using those hundred-year-old deed descriptions when mapping a property. The survey calls are usually like "...approximately 40 chains in a southeasterly direction to an oak tree..." Oh, that's really helpful...


that is a major problem and one of the real reasons that any natural or man make corner marker will out weigh a given deed call


I hear that. One of the corners on this property says:
"Iron Pin at large oak stump" \:D \:D \:D
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#3557707 - 01/22/14 11:53 PM Re: Your land or my lannd... ? [Re: plinker22]
Chaneylake
Brownsville Mafia
16 Point


Registered: 12/18/07
Posts: 16650
Loc: on the wings of a snow white d...

Offline
 Originally Posted By: plinker22
 Originally Posted By: Chaneylake
 Originally Posted By: BSK
 Originally Posted By: Chaneylake
 Originally Posted By: BSK
Not that I'm aware of, but a lawyer can probably give you a definitive answer. In property disputes I've seen, everything came down to the legal boundaries. The one unique thing I've seen in TN is property line disputes may be decided by the oldest known markings on the ground (fence/paint-markings) instead of the legal description in the deed.


this is more true on many of the older legal descriptions since they were not performed by a Registered Land Surveyor, registered surveying laws came to being sometime around 1968 going on memory


Thanks Chaney. That makes perfect sense.

On a side note, I HATE using those hundred-year-old deed descriptions when mapping a property. The survey calls are usually like "...approximately 40 chains in a southeasterly direction to an oak tree..." Oh, that's really helpful...


that is a major problem and one of the real reasons that any natural or man make corner marker will out weigh a given deed call


I hear that. One of the corners on this property says:
"Iron Pin at large oak stump" \:D \:D \:D


a good metal detector just might find an iron pin or a pocket of rust, the good surveyor can make the pocket of rust stand in court
_________________________
"Don't piss down my back and tell me its rain", Fletcher, Outlaw Josey Wales

Living somewhere between this world and the other, Legends of the Fall

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