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Thanks google earth, you gained me some land!!!
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Gary Lyon
Posted 11/28/2012 19:26 (#2722036 - in reply to #2721903)
Subject: Re: Thanks google earth, you gained me some land!!!



Southeast Wyoming

About 20 years ago I spent thousands of dollars defending my property line against a local BTO claiming ownership by adverse possession.  My attorney kept saying yeah yeah and then when we got to court (the BTO sued me after I paid for a survey and built a fence) my lawyer basically left me sitting dry.  Turned out he also had the BTO's cousins as clients, a fact he denied before I hired him.  He is a judge now!

The BTO and his predessors in title had never paid taxes, and had not fufilled other elements to establish possession.  I lost and the BTO tore out my fence and planted crop.  I took my lawyer to the the state bar and won, payijng him only for his initial fees, which I didn't ask for back.  I got the decision thrown out (actually the judge on this case also had a conflict which I discovered after the decision was made) and got a new trial, tore out the BTO's crop to the legal line.  I spent months in the law library studying law and showed my new attorney case law he was not aware of, it really had my defense locked in if an honest judge would have heard the case.  With the case we had thrown together, the BTO to settled out of court for cheaper than to continue, but I still paid for the land more than twice.

I don't agree with adverse possession, I think it is immoral unless some specific harm is done to warrant the adverse possession.  BUT here, adverse possession is still supported by the law and the case law.

Yes, I rebuilt the fence but the BTO hooks it constantly with machinery.  He will walk that lonesome valley all by himself one day and those big $$$ will not help him on that side.

 

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