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  1. #1
    The Notorious S.L.O
    Reputation: btadlock's Avatar
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    X-post from Gen discussion

    Can anyone comment on the attached article?
    it is news to me....

    New tactic to settle land access...
    BT
    11 Trek Hifi Delux 23in
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    "All I need is.......two wheels and the truth."

  2. #2
    Rolling
    Reputation: lidarman's Avatar
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    This is a super hot topic here in Boulder right now.

    It's outraged a lot of pf citizens because the couple were Lawyers and appeared to use the lesser know law to take advantage of the situation.

    However, it's a law that is not well know in many states-- and many states have it. Adverse possession is usually used for mistakes in good faith like in surveys or fences. in this case, it appears it was taken advantage of.

    I personally think that it was wrong for the people exercising the law to the extent they did, even if the law was correct. They managed to take more land than necessary (after being offered a small path) and should have compensated them. But instead they sued them for 1/3 the parcel and even won the legal feels in the process.

    There are some properties near my house that have people gardening and extending their walls onto these plots of property and apparently they will be able to exercise this law someday.

  3. #3
    3327333
    Reputation: edemtbs's Avatar
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    So I really should build, use and eventually become emotionally attached to illegal trails on private property, right?

    Ridiculous!

    Ed

  4. #4
    The Notorious S.L.O
    Reputation: btadlock's Avatar
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    that is absolutely crazy....

    sounds like you can get screwed if you are just being a nice guy and letting people have access to your property, especially if they are some quite suspect lawyers with a close friend on bench.

    I guess that allowing the neighbor kids walk across my property from the nearest school bus stop has been the wrong thing to do, heck, they could petition for a permanent easement across my property to theirs.

    Those people got screwed, there has got to be some common sense in our judiciary that can make this right.

    Is anything being done to look into the actions of these lawyers and the presiding judge?
    BT
    11 Trek Hifi Delux 23in
    05 Giant NRS 22.5in
    Evergreen Co.
    "All I need is.......two wheels and the truth."

  5. #5
    DWF
    DWF is offline
    Non Dual Bliss
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    "That is why God invented handguns....of course I'm not advocating violence...not that there is anything wrong with that...if it's done with religious conviction within the confines of law...it's just that...you know....sometimes violence can be very effective...in these situations..." - Shrub
    A man must have enemies and places he is not welcome. In the end we are not only defined by our friends but those against us.

  6. #6
    Rolling
    Reputation: lidarman's Avatar
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    Quote Originally Posted by edemtbs
    So I really should build, use and eventually become emotionally attached to illegal trails on private property, right?

    Ridiculous!

    Ed
    I think technically you could, if you did it four 18 years and used it exclusively (without others using it too).

  7. #7
    Oh, So Interesting!
    Reputation: davec113's Avatar
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    Where are some pics of these douches?

    I want to give them $hit if I see them around town.
    .




    Strava: turn off your dork logger when you're not on sanctioned trails.

  8. #8
    skillz to pay billz
    Reputation: nOOby's Avatar
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    better tell my neighbors to stop letting their dogs poop in the far corner of my back yard

  9. #9
    mtbr member
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    Permission defeats adverse possession

    If you give someone permission to use land they cannot claim adverse possession. It only applies when someone continuously and notoriously uses the land and the owners don't assert ownership for the 18 years. Permission is asserting ownership. So is a no trespassing sign.

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