What is the name of your state?Tennessee
Attempts at adverse possession can go on for years. . . .it seems.
The hostile party can take action in many forms in attempting to ultimately gain title to land, but as this time passes, the title at the court house doesn't change. I guess you can say an unclouded title with supporting surveys becomes at risk unless you take some expensive steps to thwart a greedy neighbor where your land is being trespasssed.
It appears some type of court action must take place before the title is changed at the court house. Who usually intitiates this court action? The person acting hostile to one's rights has no real incentive for court action if he is just nickel and diming you for a few feet of land that gives him no more than additional square feet at the current point in time and a potential windfall in the future. But then if the hostile party is creating some sort of nuisance with the small few feet, the true owner has an immediate problem.
Can the party being trespassed gain more than just a court ordered desist to the trespasser? Seems you could just have him arrested before taking such expensive legal action? If the court finds that the trespasser has no right to the land, does this change anything on the title at the court house? Court action for the true owner might be quite expensive and play right into the hands of a trespasser and a "bully" attorney.
Realizing one has the right to sue, or counter sue, can a victim of a trespasser have any expectations of winning legal fees and/or compensation for damages from a trespasser who knowingly plys the route of adverse possesstion while creating a nuisance, then looses the claim of adverse possession?
Attempts at adverse possession can go on for years. . . .it seems.
The hostile party can take action in many forms in attempting to ultimately gain title to land, but as this time passes, the title at the court house doesn't change. I guess you can say an unclouded title with supporting surveys becomes at risk unless you take some expensive steps to thwart a greedy neighbor where your land is being trespasssed.
It appears some type of court action must take place before the title is changed at the court house. Who usually intitiates this court action? The person acting hostile to one's rights has no real incentive for court action if he is just nickel and diming you for a few feet of land that gives him no more than additional square feet at the current point in time and a potential windfall in the future. But then if the hostile party is creating some sort of nuisance with the small few feet, the true owner has an immediate problem.
Can the party being trespassed gain more than just a court ordered desist to the trespasser? Seems you could just have him arrested before taking such expensive legal action? If the court finds that the trespasser has no right to the land, does this change anything on the title at the court house? Court action for the true owner might be quite expensive and play right into the hands of a trespasser and a "bully" attorney.
Realizing one has the right to sue, or counter sue, can a victim of a trespasser have any expectations of winning legal fees and/or compensation for damages from a trespasser who knowingly plys the route of adverse possesstion while creating a nuisance, then looses the claim of adverse possession?