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|User Info||Pastor accused of squatting in a $440k home leaving family h; entered at 2011-09-26 13:44:00|
Registered: 2007-08-02 Minnesota
I read the original article and it sounds like the police arrested him and removed him from the property. It is not actually clear if that happened. There was a similar story in another state some time ago where the police REFUSED to remove the squatters on the basis that it was a legal matter and that the true owner had to get a court order first to remove the squatter as in possession is 90% of the law. Sounds like a self help situation to me.|
Adverse possession relates solely to property boundaries - fences etc. If a property owner puts a fence up that actually goes over his true property line AND that fence is in place for MANY YEARS then the fence line becomes the the legal boundary line. Each state has its own rules on adverse possession and the length of time that needs to elaspe for adverse possession to take place.
There is much rural acerage that has never been surveyed and people historically put up fences on an estimated basis. Averse possession in effect recognizes these historical fence lines as the legal property lines.
I bought a rural 40 acre parcel a few years back that had never been surveyed. I had it surveyed. There is a very old fence on the 40 south of my property (which has never been surveyed) that clearly is about 20 feet over the line into another neighbor's property. If the neighbor ever complained about the fence line he would probably lose his claim because that fence has been there for many many years. One way to look at this situation is that these properties were most likely bought and sold after the fence was in place and the purchasing parties in effect accepted the fence line as the property boundary.