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#153967 Quote

    MNGophers29 wrote:

    gopheritall wrote:

    WPoS wrote:

    From what I read the official survey company can place them. When there is a discrepancy, which there are commonly, the two survey companies decide between them where the “spot” is.

    As for tough to move, not by a long shot. This was a 3/4″ x 10″ rod that I pulled out with 2 fingers. Hardly permanent.


    First, I am not a lawyer, am not telling you to do anything specifically, and am going off vague memories. I could be completely wrong.

    I thought I heard long ago that if you saw your land being used, thought it was wrong, and didn’t say anything that eventually the other land owner would gain a lien on the use if the property that allowed them to keep things there and use it even if you actually own it. Again, I am not sure but if there is a dispute it seems best to get it resolved now rather than when trying to sell.

    I hope it all works out for the best and without issue. Good luck.

    At first I was thinking you were talking about an easement, but then I recall adverse possession and I found this online. It is in Ohio and it sounds like it is MUCH harder to take ownership of the land than just time passing.


    first, the time period is 21 years so you should be well within the time period to prevent a claim of adverse possession.

    several other elements must be met as well.

    Open and notorious use of the property: the use must be obvious or should be obvious if the owner paid any attention to their property.

    exclusive possession: this means just what it says, If the disputed land is also used by the true owner, the claim fails (this is where the thing about your folks mowing it once in awhile killing the claim comes in)

    adverse to the owners intent: if an owner allows or permits the other party to enter the land, it is called permissive use. Permissive use prevents an adverse possession claim.

    So, if your parents do not want the guy on the land, they should send him a certified letter stating so. If they don’t mind him being on the land and mowing or anything else for that matter, they should send him a certified letter letting him know they grant him permission to enter that section of the property.

    those acts alone will prevent an adverse possession claim from maturing.

    There is also something called a prescriptive easement. In an adverse possession claim, the possessor can actually end up with title to the land. With a prescriptive easement, they do not end up owning the land but can legally claim use of the land. That too requires 21 years of time to pass. It does not require exclusive use but it does need to be adverse. Again, granting permissive use or disallowing use prevents a PE claim.

    especially if they believe the neighbor might attempt to make a claim to the land either via AP or a PE, your parents should document the actions they take to prevent the neighbor from being able to make a claim and for the AP situation, activities or actions the have on the land in question.

    so to further the whole fiasco, at church on Sunday one of the people we know that knew the PO of our property said he had issues with this guy as well. So when we have the $$ I plan on a survey to nail this down and put a concrete pillar in to be done with it all.