We spoke in an email. You are an awesome person Professor. In California Probate Court a nightmare 5 year tax statute. You have helped me greatly... Godbless sir 🙏
I'm not asking for legal advice but rather pragmatic things to consider based on the facts of the situation at hand. What are some of the best ways to set a "legal trap" for surreptitious neighbors who may be trying to set the conditions for a quiet title claim of adverse possession on part of your rural residential property? Like someone who has no structures or improvements on their neighbors land but might claim it when they meet the AP timeline by stating they were there all along. Seems like the true title land owner is then in the awkward position of trying to prove a negative - that they weren't really there at all or their presence was extinguished physically through a fence or they were in reality only sporadically present and surreptitiously. Assuming they had statements from neighbors saying they were present on the land even if they weren't (like in a tacking situation where the first owner had something in that land but it has been removed). How to defend against it? And assuming the potential Adverse Possessors decline to acknowledge in writing a permission letter or license. I was just reading a case law example from this year in Wisconsin and it alarmed me at how little evidence is required to take someone's rural land if they are resourced and motivated. The court does not always yield to the true title owner in the absence of physical evidence. Are there any pre-claim actions land owners can take early on to make a future possible adverse possession claim harder for someone who is diligently trying to set the conditions to take land? It seems like any action a land owner takes serves only to enhance the hostility requirement for dedicated, surreptitious neighbors who are planning an AP claim....... Surveys, signs, ejection letters, calling the police in rural areas can all be defeated and ignored or dismissed through plausible denial while simultaneously making their hostile actual presence case for them. What to do that might work against them? Call the cops for a past trespass that you observed but have no video evidence of just to get the complaint on record?
What you describe is a witting, surreptitious, dark hearted adverse possessor. Lawyers won't offer much advice to you in advance of the time period maturation, I am afraid (besides giving permission which may not work if they don't want it). As a non-lawyer who has been through this I would offer the following advice to consider: if it's your land, own the heck out of it. Throw out all concerns for how you look to the neighborhood, your potential friendship with said neighbor, or even legal consequences of extreme land ownership. If there's something offensive on your land, remove it since it's your land. Permission is the easiest way to stop it but not if they refuse to acknowledge it. So own it and act like the owner is my best non-legal advice. We have done this and so far it works. We shall see in a few years if they file quiet title anyway. But they will have no possession to prove.
Thank you professor, this was absolutely enlightening and explicitly put. Thank you for making it for free public information. I am forever in your debt. I truly admire your dedication and commitment to the field of pedagogical law. I can’t wait to watch more videos from you!
Can you claim adverse possession on raw and/or remote land that was abandoned? Anything change when making a claim on remote land containing an abandoned mine?
In general, adverse possession will operate against unoccupied and unfenced land in remote locations. However, some courts will indulge in a presumption that owners of such land don't object to a trespasser occupying their land; thus, the adverse possessor may be deemed to be there with permission, and therefore won't be able to acquire title by adverse possession. You would need to check the precedents in your particular state on this point; there are a variety of opinions in various states.
Isn't it 7-21 years you can take possession of the property? But how do you get away with that say I camp on property of unpaid taxes and no one complains I do this for 21 years this is my property than right?
When the owner dies without a will,, his or her property will pass to his or her heirs, as defined by the intestate succession statute of each state. However, the adverse possessor doesn't need to start over; the adverse possession period just continues to run against the heirs.
@@profdalespropertyvideos185Thanks for the information! also i built a fence 20 years ago encroaching a few yards out onto another private commercial property in city limits. I built the fence on an agreement with the previous owner via hand shake, that i would build the fence and he would supply the material. My kids and i have used the plot exclusively for 20 years, but i realized that the original owner was paying the taxes on the land within our fence line the whole time. now a new owner wants to reclaim that part of the plot, does he have a case? if we filed a quiet action suite after having a surveyor, record an exact legal description, could we claim it?
@@TheLink9002 Very likely you have not been paying taxes, since the tax parcel likely coincides with the surveyed property line. That means that in Minnesota you can't be an adverse possessor of the disputed strip. Your new neighbor probably can indeed reclaim the disputed strip. It's too bad that you didn't put your agreement with your former neighbor in writing, giving yourself an easement or title to the disputed strip. Sorry to have to tell you this.
@@profdalespropertyvideos185 thank you so much for replying I have spent almost all I have defending myself from a lawsuit my case is going through a motion for summary judgment and June but my lawyer doesn’t give me a percentage of what’s going to happen I have watch your videos number one through four and I feel confident but at the same time I feel under stress can you grant me a consultation I like to have your opinion on my case this is my number thank you so much 972 877 7676
@@Dan-wp4ls Dan, I would like to help, but I can't give legal advice on a specific case. I would be practicing law without a license. If you have a question you would like to ask about a legal principle, however, I will be happy to reply.
This video is so much more in depth and comprehensive than anything else that I have seen on TH-cam on this subject. Thank you!
We spoke in an email.
You are an awesome person Professor.
In California Probate Court a nightmare 5 year tax statute.
You have helped me greatly... Godbless sir 🙏
I'm not asking for legal advice but rather pragmatic things to consider based on the facts of the situation at hand. What are some of the best ways to set a "legal trap" for surreptitious neighbors who may be trying to set the conditions for a quiet title claim of adverse possession on part of your rural residential property? Like someone who has no structures or improvements on their neighbors land but might claim it when they meet the AP timeline by stating they were there all along. Seems like the true title land owner is then in the awkward position of trying to prove a negative - that they weren't really there at all or their presence was extinguished physically through a fence or they were in reality only sporadically present and surreptitiously. Assuming they had statements from neighbors saying they were present on the land even if they weren't (like in a tacking situation where the first owner had something in that land but it has been removed). How to defend against it? And assuming the potential Adverse Possessors decline to acknowledge in writing a permission letter or license. I was just reading a case law example from this year in Wisconsin and it alarmed me at how little evidence is required to take someone's rural land if they are resourced and motivated. The court does not always yield to the true title owner in the absence of physical evidence.
Are there any pre-claim actions land owners can take early on to make a future possible adverse possession claim harder for someone who is diligently trying to set the conditions to take land? It seems like any action a land owner takes serves only to enhance the hostility requirement for dedicated, surreptitious neighbors who are planning an AP claim....... Surveys, signs, ejection letters, calling the police in rural areas can all be defeated and ignored or dismissed through plausible denial while simultaneously making their hostile actual presence case for them. What to do that might work against them? Call the cops for a past trespass that you observed but have no video evidence of just to get the complaint on record?
What you describe is a witting, surreptitious, dark hearted adverse possessor. Lawyers won't offer much advice to you in advance of the time period maturation, I am afraid (besides giving permission which may not work if they don't want it). As a non-lawyer who has been through this I would offer the following advice to consider: if it's your land, own the heck out of it. Throw out all concerns for how you look to the neighborhood, your potential friendship with said neighbor, or even legal consequences of extreme land ownership. If there's something offensive on your land, remove it since it's your land. Permission is the easiest way to stop it but not if they refuse to acknowledge it. So own it and act like the owner is my best non-legal advice. We have done this and so far it works. We shall see in a few years if they file quiet title anyway. But they will have no possession to prove.
I am a 1L and this is helping me better understand my property class. Thank you so much!
Thank you professor, this was absolutely enlightening and explicitly put. Thank you for making it for free public information. I am forever in your debt. I truly admire your dedication and commitment to the field of pedagogical law. I can’t wait to watch more videos from you!
Amazing lesson professor 👏 👌
Thank you sir 🙏 Best videos to get great information to deal with my nightmare.
Excellently explained the basics of adverse possession dear dale
Completely amazing information...
Thank you for these videos. I learned more from you than from anyone else.
I am very happy that I could be helpful. - ProfDale
totally helpful recap I have a property midterm next week especially the personal property aspect of adverse possession!
Jasmine - glad I could help
I would like to thank you prof , It's very helpful
Great class.
thank you Professor!
Very helpful content, thanks.
My pleasure, Chris. Thank you for watching.
Can you claim adverse possession on raw and/or remote land that was abandoned? Anything change when making a claim on remote land containing an abandoned mine?
In general, adverse possession will operate against unoccupied and unfenced land in remote locations. However, some courts will indulge in a presumption that owners of such land don't object to a trespasser occupying their land; thus, the adverse possessor may be deemed to be there with permission, and therefore won't be able to acquire title by adverse possession. You would need to check the precedents in your particular state on this point; there are a variety of opinions in various states.
I love you!!!!!!!!
Isn't it 7-21 years you can take possession of the property? But how do you get away with that say I camp on property of unpaid taxes and no one complains I do this for 21 years this is my property than right?
I have explained the law correctly. The details vary with a bit with the particular state, as I have explained.
@@profdalespropertyvideos185 I still didn't get it. I guess if you can't answer I will have to look back in the text books.
WHAT WHEN A OWNER DIE WITHOUT A WILL
When the owner dies without a will,, his or her property will pass to his or her heirs, as defined by the intestate succession statute of each state. However, the adverse possessor doesn't need to start over; the adverse possession period just continues to run against the heirs.
Does Minnesota require that tax be paid to obtain AP???
Yes. The AP period in Minnesota is 15 years, and the possessor must pay the property taxes for at least 5 consecutive years.
@@profdalespropertyvideos185Thanks for the information! also i built a fence 20 years ago encroaching a few yards out onto another private commercial property in city limits. I built the fence on an agreement with the previous owner via hand shake, that i would build the fence and he would supply the material. My kids and i have used the plot exclusively for 20 years, but i realized that the original owner was paying the taxes on the land within our fence line the whole time. now a new owner wants to reclaim that part of the plot, does he have a case? if we filed a quiet action suite after having a surveyor, record an exact legal description, could we claim it?
@@TheLink9002 Very likely you have not been paying taxes, since the tax parcel likely coincides with the surveyed property line. That means that in Minnesota you can't be an adverse possessor of the disputed strip. Your new neighbor probably can indeed reclaim the disputed strip. It's too bad that you didn't put your agreement with your former neighbor in writing, giving yourself an easement or title to the disputed strip. Sorry to have to tell you this.
@@profdalespropertyvideos185 But it was a fence that was built by the agreed efforts of both owners.
@@profdalespropertyvideos185 20 years ago
Can you answer a question? can you help me please
Dan - I'll be happy to try. What's your question?
@@profdalespropertyvideos185 thank you so much for replying I have spent almost all I have defending myself from a lawsuit my case is going through a motion for summary judgment and June but my lawyer doesn’t give me a percentage of what’s going to happen I have watch your videos number one through four and I feel confident but at the same time I feel under stress can you grant me a consultation I like to have your opinion on my case this is my number thank you so much
972 877 7676
@@Dan-wp4ls Dan, I would like to help, but I can't give legal advice on a specific case. I would be practicing law without a license. If you have a question you would like to ask about a legal principle, however, I will be happy to reply.
Awww smarts hi
I sent you an email , please respond