All Forum Posts by: Alan Robson

 I think you missed the sarcasm.

I'm sorry.  I misinterpreted this statement as complaining about having to pay for legal advice:  "I honestly thought I could come to a nice community and get a bit of guidance from industry experts before I went somewhere where there were billable hours. Thanks for proving me wrong, though!" 

I'm glad to see now that complaining about having to pay for a lawyer's billable hours was not complaining about having to pay for legal advice.

 I am sorry for your loss. I can sympathize your exact situation. I am also sorry you felt forced to seek internet help, an obvious act of turning over all stones.

However, you are also finding out, maybe for the first time, that seeking help on the internet is not something you are capable of dictating in all cases.

I make this post to offer condolences, but to also offer the observation that you are currently in another situation outside of your complete control that you will only be able to dictate partially and it might be wise to understand that. I say this because you appear to be failing to understand that in this thread. If you truly do not want to waste time on the internet, why are you doing it my friend??? Replying to people who make off-topic or irrelevant posts is entertainment, not getting work done.

Food for thought. And again, I am sorry you are going through extra difficulties during an already troubling time. Be well and welcome to BP.

 You're welcome.  Just remember you were GIVEN the building.  Most people don't get real estate GIVEN to them.  Don't lose it by expecting to be GIVEN free legal advice.  You're talking about an investment of a couple hundred bucks, maybe a thousand, for actual legal advice to protect an entire freaking building you were GIVEN.  That's cheaper than closing costs.

@Alan Robson

I’m laughing at some who think bc this guy is an attorney that you are screwed.

Unlike others I don’t get scared someone is an attorney. He might specialize in divorce or taxation. An attorney specializes in a specific area of the law thus they don’t know everything so don’t let him bully you.

I’d sit back until the survey is completed and then plot my next move. Too early to waste money on legal advice.

Best of luck

@Alan Robson pay attention to Merritt's post. Adverse possession laws suck. Read up on your states laws because time frames are important. Rural areas are notorious for this stuff. Usually there is a "monument" that becomes the starting point for the surveyor. A good surveyor that's familiar with the area is also very beneficial. Good luck, I've been through this and it's pita. Disclaimer I'm not a lawyer.

@Alan Robson The thing that jumps out at me is what @Christian D. mentioned.  It's called "adverse possession".

I'm not a lawyer and this isn't legal advice.  It's my own opinion from the training I've taken in both Mass and Maine - the two states where I'm licensed.  Your state's laws could well be different.

The general idea of adverse possession is that if Person A uses the property of Person B and that use is hostile, actual, open, exclusive (you might have an "out" there), continuous and notorious for 20 years, Person A can go to land court and make a claim on the property that he has been using. 

The "out" for exclusive use is that if your Mom used that same piece of property too, it wasn't the lawyer's exclusive use and that should defeat a claim of adverse possession.

Here's a good article: https://www.nolo.com/legal-enc...

My first instinct would be to break the chain of continuous use by setting up a "no trespassing" sign and taking a date stamped photo.  Maybe include that day's newspaper in the photo for a little added oomph.  Print and archive for future use.

The risk is that the lawyer neighbor will go ballistic when he sees that sign, so I think it's probably wise to get your own attorney on board ASAP and see what they say.  The veiled threat about "pissing a lot of people off" is a red flag.  He sounds like a bully and you should be prepared for that.

Depending on what your attorney says, I'd start by trying to make peace.  Kill him with kindness and see if you can work something out.  Nobody wants an angry, vengeful lawyer for a neighbor.  If that doesn't work, you might have to go to the extent of calling the police and having him "trespassed" from the property - meaning that further trespass will subject him to arrest.  A restraining order might also be needed.

Because there's at least the potential for this situation going nuclear, start keeping contemporaneous notes of every interaction.  Securely archive all emails and postal mail.  Store it all with the idea that you may have to bring it before a judge, because it could go in that direction. 

Hope for the best and plan for the worst - and good luck!

That was advice from an expert and I said it very nicely compared to what I was thinking.  You're in a property dispute with a licensed attorney.  He's going to crush you.  What are you going to do, print out these responses and bring it to court?  You need the advice of your own licensed attorney.

 Property line disputes are very real and unfortunately you are going to bat with a lawyer. In many places, including lands owned by the federal government, there is a thing called Adverse Possession. Adverse Possession of property can occur when one person uses the land of another without objection for a certain period of time (20 years in WI). If that use continues for the time, the user can make a claim to title. What you need to find out in addition to the survey (assuming the possibility) are two things:

1) How long has the lawyer been using your property

2) Did your mother ever raise an objection

I would absolutely be obtaining a survey if I was you and the off-mark comment about it from the "neighbors" would make the urgency to obtain one greater, not less, for me. Then, if an encroachment or illegal use is present, I would serve the lawyer a demand to cease immediately. I would start with a friendly verbal request, and then follow with a formal written notice, I would not delay in any case. What would scare the crap out of me is to go up against a lawyer who figured out how to steal my property - I would act from the position of assuming the lawyer intends to do just that, and hope it is nothing more than a friendly/unfriendly misunderstanding.

Good luck.

Have you talked to the county tax assessor? They will have some type of record to justify their tax assessment.