fence line dispute

[BrandX]

Well I got some paper work from the indian family that thinks they own the land. Its not anything that looks real official, but I am just going to make copies and forward it all to the title company. We will see what they say.

 

[TexasBred]

Not a property dispute but I found it entertaining. We bought a pice of land that had a spring hidden back in the woods. There was one restriction on the title insurance. A path through th woods could not be fenced. A did Indian had the rights to the use of the spring. That one stipulatin had been on the deed for at least a hundred years when we bought the place. It even specified a "dead Indian"

Mine has a restriction for some little old lady to cross the place to access a water well.....have never found a well on the place.

 

[Jogeephus]

Well I got some paper work from the indian family that thinks they own the land. Its not anything that looks real official, but I am just going to make copies and forward it all to the title company. We will see what they say.

Whose been paying taxes on the property?

 

[TexasBred]

Well I got some paper work from the indian family that thinks they own the land. Its not anything that looks real official, but I am just going to make copies and forward it all to the title company. We will see what they say.

Just show him the "paperwork" (title policy) from the title company insuring that you have clear title to the property subject to any lien you may have created against it when you purchased it. Push comes to shove the title company will at least have to pay off your note (if you have one) and your down payment. TP usually will also certify that taxes have been paid up to the year you purchased it. Shouldn't be a problem to find out who paid them.

 

[BrandX]

Well I heard back from the title company today and they did some research and said I do indeed own the land. Now I just have to convince the people that its mine and they have no right to it. Anybody have any experience with how to do that? I don't want em getting mad one night and cutting my fence or shooting my animals.

 

[JMJ Farms]

Well I heard back from the title company today and they did some research and said I do indeed own the land. Now I just have to convince the people that its mine and they have no right to it. Anybody have any experience with how to do that? I don't want em getting mad one night and cutting my fence or shooting my animals.

Try to be nice until being nice isn't an option anymore. Then tackle it legally. If they start shooting animals then it's an eye for an eye. But I doubt it'll get to that point.

 

[NECowboy]

Well I heard back from the title company today and they did some research and said I do indeed own the land. Now I just have to convince the people that its mine and they have no right to it. Anybody have any experience with how to do that? I don't want em getting mad one night and cutting my fence or shooting my animals.

Talk to an attorney in your state, native may have an adverse possession claim. Title abstracters vary greatly in experience and quality and they are NOT lawyers! If he has somewhat of a claim have attorney send polite letter to set up a conference to discuss issues and potentially look at settling. Some kind of compensation if reasonable is probably best way to smooth it over even if it stinks. If not reasonable then adverse party can go fly a kite! Don't waste a minute of time worrying about someone who is being unreasonable.

 

[boondocks]

Just to turn the thing on its head for a minute: how important is that 2.5 acres to your 100+ acre parcel? If the other family has lived for years (generations?) thinking of it as theirs, it may have more value (economic, emotional) to them than it does to you.
If it were me, I would first try to gain a better understanding (from the legal record, from the title company, maybe from an attorney, and finally from the neighbor), as to precisely why/how they thought the 2.5 acres was theirs.
I would then have whoever is best at explaining things very clearly sit down with them, and take them politely through the docs to show why their understanding was incorrect.
Depending on how that goes, and whether they remain civil, and how much you like/need that 2.5 acres, I might tell them I'd let them have it for a proportional share of the purchase price.

 

[skyhightree1]

Personally If title company says it's mine it's mine and I'd tell the other person f off and go about my business. I certainly wouldn't incur any costs when it's clearly in black and white. However if those 2.5 acres were extremely important to them I'd sell it to them for 100k

 

[JMJ Farms]

Personally If title company says it's mine it's mine and I'd tell the other person f off and go about my business.I certainly wouldn't incur any costs when it's clearly in black and white. However if those 2.5 acres were extremely important to them I'd sell it to them for 100k

Oh Great Spirit, who made all races,look kindly upon the whole human family and take away the arrogance and hatred which separates us from our brothers. Look familiar?

 

[skyhightree1]

Personally If title company says it's mine it's mine and I'd tell the other person f off and go about my business.I certainly wouldn't incur any costs when it's clearly in black and white. However if those 2.5 acres were extremely important to them I'd sell it to them for 100k

Oh Great Spirit, who made all races,look kindly upon the whole human family and take away the arrogance and hatred which separates us from our brothers. Look familiar?

Sure it does.. Point ???

 

[NECowboy]

Personally If title company says it's mine it's mine and I'd tell the other person f off and go about my business. I certainly wouldn't incur any costs when it's clearly in black and white. However if those 2.5 acres were extremely important to them I'd sell it to them for 100k

Sky it may not be clear. Title company is just one person an abstracter who does the search it may not be in the title records but has nothing to do with adverse possession (someone open notorious hostile under claim of right etc for at least 10 years in Nebraska not sure about other places.) Since that was probably something previous owner knew about or should have known (they make prior owner sign title insurance affidavit swearing there's nothing like that to cover their butts and not cover adverse possession claims) I don't think brand can just rely on the title company's representations, needs to tt okla atty about law and figuring out situation.

 

[greybeard]

Personally If title company says it's mine it's mine and I'd tell the other person f off and go about my business. I certainly wouldn't incur any costs when it's clearly in black and white. However if those 2.5 acres were extremely important to them I'd sell it to them for 100k

Sky it may not be clear. Title company is just one person an abstracter who does the search it may not be in the title records but has nothing to do with adverse possession (someone open notorious hostile under claim of right etc for at least 10 years in Nebraska not sure about other places.) Since that was probably something previous owner knew about or should have known (they make prior owner sign title insurance affidavit swearing there's nothing like that to cover their butts and not cover adverse possession claims) I don't think brand can just rely on the title company's representations, needs to tt okla atty about law and figuring out situation.

The Olympics is over and they don't have competition for the longest or most undecipherable sentences anyway.

 

[NECowboy]

Personally If title company says it's mine it's mine and I'd tell the other person f off and go about my business. I certainly wouldn't incur any costs when it's clearly in black and white. However if those 2.5 acres were extremely important to them I'd sell it to them for 100k

Sky it may not be clear. Title company is just one person an abstracter who does the search it may not be in the title records but has nothing to do with adverse possession (someone open notorious hostile under claim of right etc for at least 10 years in Nebraska not sure about other places.) Since that was probably something previous owner knew about or should have known (they make prior owner sign title insurance affidavit swearing there's nothing like that to cover their butts and not cover adverse possession claims) I don't think brand can just rely on the title company's representations, needs to tt okla atty about law and figuring out situation.

The Olympics is over and they don't have competition for the longest or most undecipherable sentences anyway.

Combination of tired and smartphone spitting out wrong words. :lol2:

 

[skyhightree1]

If it's on paper and they said it's mine and recorded at the courthouse it's his problem. If he wants it figured out that's his fight and expense not mine.

 

[True Grit Farms]

A title insurance company employee isn't someone I'd listen to in a land dispute. This could get serious in a hurry, I was told once by a neighbor "that people have been killed over a foot of land" We ended up hiring a lawyer and getting a court order against the family. Then the sheriff and judge went to the family and explained the verdict and what the consequences would be if they were caught trespassing. And we've never had a minutes trouble with the family since.

 

[Craig Miller]

A title insurance company employee isn't someone I'd listen to in a land dispute. This could get serious in a hurry, I was told once by a neighbor "that people have been killed over a foot of land" We ended up hiring a lawyer and getting a court order against the family. Then the sheriff and judge went to the family and explained the verdict and what the consequences would be if they were caught trespassing. And we've never had a minutes trouble with the family since.

I guess they didn't know who they were messing with like we do.

 

[JSCATTLE]

I wouldn't spend any money figuring it out if the title company said it was mine and I'm paying a note on it .. I'd probably call whoever I have title insurance with and tell them what's going on .. they actually have a lawyer that handles it . The land I bought was fenced 40 years ago and back taxes were paid .. after so many years the title was transferred.. cause some problems but I still ended up with the land ..

 

[True Grit Farms]

A title insurance company employee isn't someone I'd listen to in a land dispute. This could get serious in a hurry, I was told once by a neighbor "that people have been killed over a foot of land" We ended up hiring a lawyer and getting a court order against the family. Then the sheriff and judge went to the family and explained the verdict and what the consequences would be if they were caught trespassing. And we've never had a minutes trouble with the family since.

I guess they didn't know who they were messing with like we do.

I'm not sure what your trying to imply Craig, some of us believe in hiring the right person for the job. I rub folks the wrong way when I have something to say, so I try to be in the right and know what I'm talking about. But getting the right advice and a court order in disputes is what a sensible person should do. And good legal advice is beneficial to the outcome of any dispute.

 

[TexasBred]

Personally If title company says it's mine it's mine and I'd tell the other person f off and go about my business. I certainly wouldn't incur any costs when it's clearly in black and white. However if those 2.5 acres were extremely important to them I'd sell it to them for 100k

Sky it may not be clear. Title company is just one person an abstracter who does the search it may not be in the title records but has nothing to do with adverse possession (someone open notorious hostile under claim of right etc for at least 10 years in Nebraska not sure about other places.) Since that was probably something previous owner knew about or should have known (they make prior owner sign title insurance affidavit swearing there's nothing like that to cover their butts and not cover adverse possession claims) I don't think brand can just rely on the title company's representations, needs to tt okla atty about law and figuring out situation.

Unless times have changed since I was in the business, an attorney does examine and sign off on the title policy when it is ready to be issued. He is then guaranteeing that there are no clouds on the title that have not been remedied.