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#3557840 - 01/23/14 07:42 AM Re: Your land or my lannd... ? [Re: plinker22]
BSK
Jerkasourous of the non-typical kind
Non-Typical


Registered: 03/11/99
Posts: 65979
Loc: Nashville, TN

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 Originally Posted By: plinker22
I hear that. One of the corners on this property says:
"Iron Pin at large oak stump" \:D \:D \:D


One of the corner descriptors for my place says: "a 13-inch white pointer" (white oak tree). Umm, that was a 100 years ago. That tree is either long gone or a heck of a lot bigger than 13"!
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#3557984 - 01/23/14 09:20 AM Re: Your land or my lannd... ? [Re: BSK]
woodsman87
8 Point


Registered: 09/27/12
Posts: 1326
Loc: south TN

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Looks like I might just find somebody's land and start taking care of it. Maybe my kids and grand kids can get some prime hunting land!
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#3558026 - 01/23/14 09:58 AM Re: Your land or my lannd... ? [Re: woodsman87]
Chaneylake
Brownsville Mafia
16 Point


Registered: 12/18/07
Posts: 16752
Loc: on the wings of a snow white d...

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 Originally Posted By: woodsman87
Looks like I might just find somebody's land and start taking care of it. Maybe my kids and grand kids can get some prime hunting land!


its possible if you can establish the following criteria:

it has to be done "clearly, openly, outright and notorious"

this is the rule of thumb that most courts abide by, miss one of the 4 and the courts will say "sorry charlie"
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#3558447 - 01/23/14 04:17 PM Re: Your land or my lannd... ? [Re: Chaneylake]
plinker22
16 Point


Registered: 02/07/05
Posts: 12830
Loc: Mountians of East Tennessee

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 Originally Posted By: Chaneylake


it has to be done "clearly, openly, outright and notorious"

this is the rule of thumb that most courts abide by,


There 4 and over what time period???
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#3576823 - 02/05/14 06:28 PM Re: Your land or my lannd... ? [Re: plinker22]
SALTMAN
8 Point


Registered: 08/12/01
Posts: 1419
Loc: Cadiz Ky

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Wish we had a lawyer on here familiar with this ! I had a landowner in Williamson co ( big east fork rd ) tell me he lost 10 acres to a neighbor that had been using it for seven years. The catch was that he had not opposed or confronted the man during a 7 yr period . Think it's called homesteading but not sure , and not sure if its a nationwide thing or just Tn. But he lost it after going to court .
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#3576841 - 02/05/14 06:38 PM Re: Your land or my lannd... ? [Re: SALTMAN]
smstone22
16 Point


Registered: 01/11/04
Posts: 16947
Loc: Allardt, TN

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Some of my kin have been in a situation like this recently and it is now resolved. They had a place that had never been surveyed because it had been in the family for a very long time and no one wanted to pay for it. They started cutting timber, and recognized that a fence was placed by a neighbor on what the kin thought to be their own property. The kin hired a lawyer and a surveyor. The surveyor found the oldest known markings ( 4 different kinds of fencing inside a tree) and called that the corner. The amount in question was 60 acres which seems like alot but really isnt much to them. It went to court and the oldest markings won even though the fence had been up quite a few years and the 60 acres is now solidly theirs. With anything like this, you best just consult an attorney.
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#3577026 - 02/05/14 08:39 PM Re: Your land or my lannd... ? [Re: SALTMAN]
FTG-05
Button


Registered: 11/26/13
Posts: 19
Loc: SW Lincoln County, TN

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 Originally Posted By: SALTMAN
Wish we had a lawyer on here familiar with this ! I had a landowner in Williamson co ( big east fork rd ) tell me he lost 10 acres to a neighbor that had been using it for seven years. The catch was that he had not opposed or confronted the man during a 7 yr period . Think it's called homesteading but not sure , and not sure if its a nationwide thing or just Tn. But he lost it after going to court .


It's called "adverse possession". http://en.wikipedia.org/wiki/Adverse_possession

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#3577277 - 02/06/14 07:13 AM Re: Your land or my lannd... ? [Re: FTG-05]
DaveB
10 Point


Registered: 09/03/08
Posts: 4673
Loc: Shelby County

content Online
Yep. Plenty of case history on this topic. There is also law that exists in TN. It is called "Easement by Prescription". You don't actually lose the land. What happens is you can't stop the use of that land by someone else until the person(s) exercising the easement gives it up.

My leaseowner had this problem with the road the neighbor cut into the property. Lucky she is a laawyer and took prompt care to stop the prescription from becoming a legal fact.

Ever see those brass inserts in a sidewalk or what you thought was a public area? "Permission to pass may be revoked at any time". Yep, that stops easement by prescription.

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#3577995 - 02/06/14 04:32 PM Re: Your land or my lannd... ? [Re: DaveB]
tailchaser
6 Point


Registered: 08/14/13
Posts: 609
Loc: Tennessee

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I have heard something like this to, that if you use the land for so many years and there was no lease or anyone objecting your using it, you could go get a quick claim deed to that piece of land,don't know the details or if true but heard it from a realtor.
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#3585235 - 02/12/14 04:48 PM Re: Your land or my lannd... ? [Re: tailchaser]
plinker22
16 Point


Registered: 02/07/05
Posts: 12830
Loc: Mountians of East Tennessee

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A quick update:
The other party has been contacted (I received a call from their land attorney). I had gathered all deed/land survey's from courthouse documents. I reviewed these with a survey company (my land owner did not want to pay for a survey).

Now, the other party had is hiring a survey company to survey the land.

I hope this comes to a good resolution for my friend. For what it is worth, I did find a "large oak stump" (about 30" across that is almost totally rotted away) and the "large hickory tree" exactly where my land owners deed says they should be.

Any more recommendations?
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