Our sub began construction around 2003 - that's when the first home went in - our builder purchased this chunk of land not long before 2003 with intent to develop it. All of our lots are around an acre. Prior to that, someone owned the land - it was wooded & just scrub - nobody had ever built on it. So this guy moved into his house in the early 80's which backs to our land, & that's when he claimed to start "maintaining" the 2 acres. *The land he is claiming to be his, he knows is not in his original property lines. The land is way in the back of our sub's property - you can't even see if unless you wade through a bunch of woods behind one of the neighbor's houses. We have a bunch of heavily wooded property on the south end of our development - people are back there riding dirt bikes, ATV's, etc. There is no fence surrounding the property. So this two acres he is trying to appropriate - the previous owner back in the 80's probably never even knew he was "using" it.
So the builder responsible for the subdivision bought this property prior to the subdivision? And it sounds like the builder is the HOA? This is sounding more and more suspicious. I would look up the plat of the subdivision. If these two acres were subdivided as part of the subdivision into lots, it is no longer considered raw real estate (at least in ND). If the two acres are NOT in the subdivision plat but are simply owned by the builder, why is the HOA involved at all? What responsibility would the HOA have concerning property that was not in the subdivision?
