Enviromental Land Dispute

K

Kain99

Guest
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

crabcake

But wait, there's more...
They still wanna build after seeing you and the tin foil hat crew carrying those 'Y' shaped sticks around? :confused:


:razz: j/k ... good luck!
 
K

Kain99

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


:razz: j/k ... good luck!
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HA! Good one! Actually, they haven't seen me... Aren't they in for a huge suprise! :killingme
 
Nanny Pam

Nanny Pam

************
Kain99 said:
HA! Good one! Actually, they haven't seen me... Aren't they in for a huge suprise! :killingme
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OMG~! :roflmao: you guys are killing me! :killingme
Kain & CC... The mental pictures you just produced are PRICELESS~!
 
K

Kain99

Guest
Nanny Pam said:
OMG~! :roflmao: you guys are killing me! :killingme
Kain & CC... The mental pictures you just produced are PRICELESS~!
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She'll never admit it but.... she loves my tin foil hat! :lmao:
 
Bogart

Bogart

New Member
Kain99 said:
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.
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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? :confused:
 
K

Kain99

Guest
Bogart said:
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? :confused:
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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.
 
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Oz

Oz

You're all F'in Mad...
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?
 
Wickedwrench

Wickedwrench

Stubborn and opinionated
It seems to me as though developers in this area hold the power to do what they want to wherever they want to. I know of land parcels that would never pass a perc test during the dry season but when a developer bought it "voila" it passed.
 
B

baswm

Guest
Plus the developer has more money to spend to get a lawyer to get it approved.
 
willie

willie

Well-Known Member
If you were paying taxes on it then who did the developer buy the land from? If you get the tax bill, I would think it would be mailed to the owner of record.
 
FancyBelle

FancyBelle

I'm 2 old 2 die young!
Is this towards my side of the property or towards 234? They have already started building out by 234
 
K

Kain99

Guest
FancyBelle said:
Is this towards my side of the property or towards 234? They have already started building out by 234
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Not your side Fancy, Tennysons side... According to the Realtor, phase one will bring twelve house over the next year and a half. By the time it's all said and done we are looking at 50+.

This is in Chopticon High Schools district Oz. The new owners have contacted my SIL and told her to move her fence. All of the other info we have came from the Real Estate agent.
 
W

watercolor

yeah yeah
aps45819 said:
If you can spot an eagle's nest on the property, that will stop it cold.
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:yeahthat: Exactly! That is just what I was thinking! :yay: Enviornmental will come and completely wash out the developer! They wont be able to do squat
 
Wickedwrench

Wickedwrench

Stubborn and opinionated
watercolor said:
:yeahthat: Exactly! That is just what I was thinking! :yay: Enviornmental will come and completely wash out the developer! They wont be able to do squat
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Betcha the eagles disappear like the toad did.:lol:
 
K

Kain99

Guest
FancyBelle said:
Kain, we can go out and find some eagles nests. I know they are out there.
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Let's do it..... It's muddy as all get out bring your boots! :kiss:
 
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