Introduction
There is a saying that "Good fences make good neighbors." Sometimes, however, those fences can cause disagreement between neighbors.
What is adverse possession?
Adverse possession, which is the legal term that includes boundary disputes, arises when someone claims ownership of another's land because they have maintained "hostile, open, notorious, exclusive and continuous possession" of that land against all others. Typically, if an individual has maintained that possession for an uninterrupted period of 20 years, he or she becomes the new owner of that land.
What is a boundary dispute?
A boundary dispute is a type of adverse possession where one landowner claims to have acquired land of an adjoining landowner (a neighbor). Typically, but not always, the claim is based on a fence that is on the neighbor's property, rather than on the true property line. Other circumstances in which a boundary dispute may arise include a garage or other building being built over the property line or some other improvement crossing that line, such as a driveway.
What happens if I have a dispute with my neighbor?
If you and your neighbor dispute where the proper boundary line between your properties is, there are several steps that can be taken.
Is there anything else I should about these disputes?
Yes. There is a related doctrine called "Acquiescence". Acquiescence lowers somewhat the burden required to prove that ownership in a dispute parcel of land has changed. This doctrine is more complex than that of adverse possession. An experience attorney will be able to address whether Acquiescence would apply in your case.
Conclusion
When a dispute arises as to who owns a parcel of land, it is important to understand the difference between adverse possession and acquiescence. Moreover, although negotiations may allow neighbors to resolve their differences, a court may be requested to resolve the dispute. An experience real estate attorney will be able to guide you through the whole process.
m.i.p. INCLUDING open intox!
i was caught in east lansing walking with a cup in my hand. i dropped the cup and two cops saw and asked what was in the cup. they breathalyzed me and wrote me a citation for an MIP and open intox. this is my first offense so what should i expect? i had my arraignment already and my 2nd appearance date has already been set because the judge suggested i plead not guilty to the open intox charge since it's my first offense.
My mother has Alzheimers Disease. My brother has been Power of Attorney for about a year. He started taking loans out on the house, then moved in. Now we have found that the house is sold by looking at the Transfers section of the Woburn Daily Times. My brothers and sisters cannot afford an attorney, as we all have our own kids to worry about. I'm afraid my mother is out of luck.
One other point, my brother used state funding to make improvments on the house, which legally, I don't think he can sell the house for several years after that.
What can I do?
My son and I have decided that it is in both of our best interest if he no longer lived in our house. Some of his friends parents have offered for him to stay with them. I am fine with this, as i would rather him be with a family he knows and trusts than placed into foster care or custody of the state.
My question is: Is there a way i can legally give someone (of my choosing) my full rights as a parent?