Enviromental Land Dispute

[Kain99]

I need legal/common sense advice. The property adjacent to our Farm has been sold to a developer who plans to build a Subdivision. The property line dispute has already started.

My MIL plans to use the old "Adverse Possession" rule which basically means that she has been farming the land for 28 years so it's hers. The original Deed to the property is almost worthless. "from this rock to that Oak tree etc." Rocks gone, tree was cut down 20 years ago.

I think going the enviromental route is the best line of attack. Where do I start and who do I contact? I was darn sure the whole peice of property was considered wetlands.... Ton's of bald eagles and I'm praying for an endangered frog.

Any help would be greatly appreciated.

[crabcake]

They still wanna build after seeing you and the tin foil hat crew carrying those 'Y' shaped sticks around?


j/k ... good luck!

[Kain99]

Originally Posted by crabcake

They still wanna build after seeing you and the tin foil hat crew carrying those 'Y' shaped sticks around?


j/k ... good luck!

HA! Good one! Actually, they haven't seen me... Aren't they in for a huge suprise!

[Nanny Pam (Premo)]

Originally Posted by Kain99

HA! Good one! Actually, they haven't seen me... Aren't they in for a huge suprise!

OMG~! you guys are killing me!
Kain & CC... The mental pictures you just produced are PRICELESS~!

[Kain99]

Originally Posted by Nanny Pam

OMG~! you guys are killing me!
Kain & CC... The mental pictures you just produced are PRICELESS~!

She'll never admit it but.... she loves my tin foil hat!

[crabcake]

Originally Posted by Kain99

She'll never admit it but.... she loves my tin foil hat!

Well, it did help improve reception on race days when I had directv.

[Kain99]

Originally Posted by crabcake

Well, it did help improve reception on race days when I had directv.

Hooray! Kain is good for sumpin!

[Bogart]

Originally Posted by Kain99

I need legal/common sense advice. The property adjacent to our Farm has been sold to a developer who plans to build a Subdivision. The property line dispute has already started.

My MIL plans to use the old "Adverse Possession" rule which basically means that she has been farming the land for 28 years so it's hers. The original Deed to the property is almost worthless. "from this rock to that Oak tree etc." Rocks gone, tree was cut down 20 years ago.

I think going the enviromental route is the best line of attack. Where do I start and who do I contact? I was darn sure the whole peice of property was considered wetlands.... Ton's of bald eagles and I'm praying for an endangered frog.

Any help would be greatly appreciated.

I'm pretty sure to invoke adverse possession you also have to have been paying property taxes on the land in dispute. Has she?

Also, if you are trying to make an environmental case, wouldn't the fact that she was farming environmentally sensitive land open her up to fines and penalties?

[Kain99]

Originally Posted by Bogart

I'm pretty sure to invoke adverse possession you also have to have been paying property taxes on the land in dispute. Has she?

Also, if you are trying to make an environmental case, wouldn't the fact that she was farming environmentally sensitive land open her up to fines and penalties?

Taxes yes and Good point on the farming.... She has owned the land for 30 plus years.... I'm hoping since this property is hosed we can save the 80 acre wood.

[Oz (Premo)]

Adverse possession will be difficult to prove in court. If the previous owner says "I gave them permission to till the land" then your case is shot.

Right now, if they are planning more than 5 lots, then the subdivision will not pass the APF because there aren't enough school sites in SMC. When Indian Bridge is approved and funded, then there will be a window for more subdivision approvals, but the last major one to go through APF for a while happened in January.

What school district is this in, and how many homes are expected on the site? Any idea of the zoning? Did the previous owner sell any TDR's off of the property?