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old farm fence property line

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DairyDame

Junior Member
I live in Wisconsin.
My husband purchased this farm in 1979. At the time, our mile block consisted of our farm and one other. It was divided by a fence line/property line that was accepted by all. The other farmer retired and sold his farm to a beef farmer. The beef farmer stopped raising beef and started selling off the farm in parcels. He sold the land(80 acres) on the other side of the fence/property line. I believe he used the fence lines and crop maps from the ascs office--he didn't have it officially surveyed. That was fine, no problems. As he continued selling off parcels, an investor bought one and he had it surveyed. The investor told our new neighbor partof his land belonged to him, and that part of our land really was our new neighbors. We were shocked. I'm not sure what point of start he used for his survey, but our farm starts and the road on the south of our land in the east corner. Aren't mile blocks consistant in their point of starting? Our neighbor went through divorce and recently sold his place. Now the new neighbors want us to hand over "their" land. We have cropped this land since 1979, fully confident this was our farmland. I realize the tools have changed alot in surveying since 1890, but is it our fault technology has changed the line? That is according to their surveyor. Must we give up what has been ours for 26-going on 27 years?
 


BelizeBreeze

Senior Member
If his survey is correct, then it never did belong to you and the time when you could have claimed adverse possession started new when the property was sold.

So, I guess you need to either get your OWN survey or fork over the lower 40.
 

DairyDame

Junior Member
Wi. lawyer's answer

I spoke to a lawyer in Wisconsin. He said there is a statute that says after 20 years the land is ours. The previous owner had no right to sell it. There is a cloud on our title now, but he said to get a quit claim deed signed and have it registered at the county office. He said the neighbor can take us to court, but he will not win. It would be a waste of money.
 

BelizeBreeze

Senior Member
DairyDame said:
I spoke to a lawyer in Wisconsin. He said there is a statute that says after 20 years the land is ours. The previous owner had no right to sell it. There is a cloud on our title now, but he said to get a quit claim deed signed and have it registered at the county office. He said the neighbor can take us to court, but he will not win. It would be a waste of money.
Your 'attorney' is an idiot. Tell him or her to come here and cite the exact statute that allows you to claim adverse possession without notification.

You have done nothing to claim possession of the property. Without adjudication of your claim of 'possession' you do not own anything.

I sure hope you didn't pay this idiot.
 
I

itsacatsworld

Guest
Get an Attorney not a lawyer. NH is 1 of the best states in the nation as to common sense.
 

BelizeBreeze

Senior Member
itsacatsworld said:
Get an Attorney not a lawyer. NH is 1 of the best states in the nation as to common sense.
Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state. In general, the acts of possession must be overt, hostile, exclusive, uninterrupted, and under a claim of right, etc., so as to give the owner or others claiming entitlement to possession notice and an opportunity to counter the adverse possession.
Point to any of the bolded terms where the poster has satisfied the legal requirements.
 

BelizeBreeze

Senior Member
...appears to rely in part on these sections for the proposition that one who has adversely possessed for 20 years has marketable title which can be forced on a vendee who objects, even though not established of record.

This is undesirable and contrary to current understanding; see Baldwin v. Anderson, 40 Wis. 2d 33, 161 N.W.2d 553 (1968). In addition, Zellmer v. Martin, 157 Wis. 341, 147 N.W. 371 (1914) suggests that these sections may mean that 20 years of continuous disseisin of a true owner may bar that owner even if the claiming adverse possessor has not possessed in one of the ways required by previous s. 893.09.

This may be confusing, since the language of previous s. 893.09 precluded other forms of possession under the 20-year statute. Other than as here noted, ss. 893.02 and 893.03 have been rarely cited and are not significant. In view of the presumption of possession by the true owner provided by
previous s. 893.05, which this subchapter retains, previous ss. 893.02 and 893.03 contributed no needed substance to the subchapter.

(2) Previous s. 893.075 was enacted as a companion to s. 700.30, which was held unconstitutional in Chicago & N.W. Transportation Co. v. Pedersen, 80 Wis. 2d 566, 259 N.W.2d 316 (1977). No new s. 700.30 has been enacted. Therefore, s. 893.075 is surplusage and repealed."

Tell this 'lawyer' to go back to the legislative digest and read it. :rolleyes:
 

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