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Adverse or prescriptive rights?

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dadX4

Junior Member
What is the name of your state? or
Purchased land, very heavy timbered, irregular shaped. Found out after logging that way in the back section the neighbor behind extended his land by leveling out the hillside onto my land (their former owner pushed dirt over hillside when their house was built years ago), making a small parking lot to park his toys, and now is suing for adverse posession or at least a prescriptive easement.

Talked to my former owner because it was not disclosed when we purchased. Former owner said two years ago when survey was done there, it was leveled out, but he did not have items parked there at that time. Former owner said he did inform him then that this guy was not to get any ideas to use as he was selling and wanted no problems.

Guy claims he used it for more than 10 years but would pay for it as long as the contract didn't say he was purchasing it. Fell though, and felt we were being scamed and he had no intention to pay. We posted property to tow vehicles and he removed items. Two weeks later filed lawsuit to aquire by Adverse, or Prescriptive. (no use for that two weeks anyway)

1. Does he have to prove former owner knew he was there for ten years, if this is true?

2. Read somewhere that he would have exclusive use of land as long as he use land as the owner would in same circumstance. This is timber land, not a parking lot. Does that stand on his side or mine?

3. If he can prove he was there for ten years, can he get a prescriptve easement?

4. Isn't it hard for one to prove adverse or prescriptive use when your back in the woods away from others?

5. Because he offered to pay for the area, is that something I can use against him?

6. Suing for six times the area that he was removed from. Isn't adverse for only the area that was used?

7. Now that I have posession do I need to file to "Quiet Title"?

O.F.
 
Last edited:


seniorjudge

Senior Member
dadX4 said:
What is the name of your state? or
Purchased land, very heavy timbered, irregular shaped. Found out after logging that way in the back section the neighbor behind extended his land by leveling out the hillside onto my land (their former owner pushed dirt over hillside when their house was built years ago), making a small parking lot to park his toys, and now is suing for adverse posession or at least a prescriptive easement.

Talked to my former owner because it was not disclosed when we purchased. Former owner said two years ago when survey was done there, it was leveled out, but he did not have items parked there at that time. Former owner said he did inform him then that this guy was not to get any ideas to use as he was selling and wanted no problems.

Guy claims he used it for more than 10 years but would pay for it as long as the contract didn't say he was purchasing it. Fell though, and felt we were being scamed and he had no intention to pay. We posted property to tow vehicles and he removed items. Two weeks later filed lawsuit to aquire by Adverse, or Prescriptive. (no use for that two weeks anyway)

1. Does he have to prove former owner knew he was there for ten years, if this is true?

2. Read somewhere that he would have exclusive use of land as long as he use land as the owner would in same circumstance. This is timber land, not a parking lot. Does that stand on his side or mine?

3. If he can prove he was there for ten years, can he get a prescriptve easement?

4. Isn't it hard for one to prove adverse or prescriptive use when your back in the woods away from others?

5. Because he offered to pay for the area, is that something I can use against him?

6. Suing for six times the area that he was removed from. Isn't adverse for only the area that was used?

7. Now that I have posession do I need to file to "Quiet Title"?

O.F.
7. Now that I have posession do I need to file to "Quiet Title"?

A: You need to hire a lawyer and counterclaim immediately, if not sooner.
 

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