Advice Needed - Neighborhood Association:
#3042936
05/17/22 12:36 AM
05/17/22 12:36 AM
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Joined: Jan 2003
Posts: 8,392 Highland, MI.
Sunroofcuda
OP
master
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OP
master
Joined: Jan 2003
Posts: 8,392
Highland, MI.
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I'll try not to get too long-winded here about what is going on, but I'm looking for opinions & any advice on the matter - it involves our subdivision of 38 homes. There is a guy that lives in a home that backs-up to an area of our neighborhoods' wooded areas, & he is basically claiming two acres that are clearly ours, are his. So the neighbor (in our development) whose property backs to this other guys' property, is suing this guy for taking two acres that are not his. So the dude who is claiming it is his two acres, has hired his own attorney & is challenging this suit so he can keep the two acres.
SO, our neighborhood association is now backing our neighbor & assessing everybody multiple times already to pay for the attorney's fees to get back the two acres that are ours. It's now our subdivision vs. this dude who is trying to take over the 2 acres that have never legally been his. He claims that since the 80's he has been "maintaining" this two acres by trimming trees & vines, picking up garbage, & running off people who are back there dumping trash, etc. This is his claim - I just read a deposition where our attorney was grilling him. So now we are on our 3rd assessment - all told around a grand per 38 households in our neighborhood. Some of the neighbors are saying they are not going to pay any more assessments to support this suit - I have also decided not to pay any more. The association is saying that if you refuse to continue paying these, that they will be forced to place a lien on those who do not pay. So you won't be able to sell your home if there is a lien on it until you clear it up - pay the assessments.
Now, nobody can clarify, but if our subdivision WINS the suit against this guy (the guy trying to appropriate the 2 acres), will this guy have to pay back all our legal expenses incurred & all 38 of us get refunded? And if we lose the suit & the guy retains the 2 acres, then we spent a bunch of $$ for what? The principle of it all? This could drag-out for several more years, & there are no damages claimed by either side - it's just basically a pi$$ing match now. The only people happy here are the attorneys who are making their $$ per hour. Also, if we win the suit & it is ruled this clown has to pay back our legal fees & he doesn't have the means to do so, then what? He may be uncollectable.
What would y'all do?
No Man With A Good Car Needs To Be Justified
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Re: Advice Needed - Neighborhood Association:
[Re: Sunroofcuda]
#3042938
05/17/22 12:59 AM
05/17/22 12:59 AM
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Joined: Aug 2019
Posts: 9,429 Super Spudsville
Mr PotatoHead
Half Baked
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Half Baked
Joined: Aug 2019
Posts: 9,429
Super Spudsville
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I would ask where the real owner was during all this.....
He claims that since the 80's he has been "maintaining" this two acres by trimming trees & vines, picking up garbage, & running off people who are back there dumping trash, etc.
STOP POTATO HATE!
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Re: Advice Needed - Neighborhood Association:
[Re: Sunroofcuda]
#3042941
05/17/22 03:23 AM
05/17/22 03:23 AM
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Joined: Jan 2007
Posts: 10,128 A Red State
SNK-EYZ
I Live Here
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I Live Here
Joined: Jan 2007
Posts: 10,128
A Red State
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If I understand what you're saying correctly, he's trying to take two acres of "your" land through "Adverse Possession". Real estate laws are different in every state. https://www.bankrate.com/real-estate/adverse-possession/https://www.nolo.com/legal-encyclop...y-based-adverse-possession-missouri.htmlOf course, there are hurdles to clear before someone can claim a piece of Missouri land using this theory. For one, the burden of proof to establish a claim of adverse possession is on the trespasser. In other words, if you hold legal title to a piece of land, you are its presumed owner until and unless the adverse possessor can come up with enough compelling evidence and arguments to convince a judge to grant ownership over all or a portion of it. I know that it used to be that when someone maintained a property without ever asking permission and the real property owner never spoke to them about it was when it was granted. If you ever discussed his maintaining it though the years and you gave him approval to maintain YOUR property that ends his right to claim title to it. You were simply giving him permission to cut YOUR grass because it made his property next to it look better. At least that's what I was taught when getting my real estate license in MO about 30 years ago. A local real estate lawyer is who you need to talk to about it.
Kayse can't keep up at all now. lol
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Re: Advice Needed - Neighborhood Association:
[Re: A39Coronet]
#3042959
05/17/22 07:45 AM
05/17/22 07:45 AM
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Joined: Jan 2003
Posts: 10,702 North Dakota
6PakBee
I Live Here
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I Live Here
Joined: Jan 2003
Posts: 10,702
North Dakota
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I am confused. Whose name is on the deed for the contested two acres? This appears to be a case of attempted adverse possession and every state is different.
"We live in a time when intelligent people are being silenced so that stupid people won't be offended".
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Re: Advice Needed - Neighborhood Association:
[Re: A39Coronet]
#3042967
05/17/22 08:10 AM
05/17/22 08:10 AM
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Joined: Dec 2007
Posts: 2,683 Des Moines IA
Soopernaut
master
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master
Joined: Dec 2007
Posts: 2,683
Des Moines IA
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Does the county assessor have records of the legal description of the properties in dispute? Does the title company?
Is the guy saying that the records are wrong because he has been taking care of the property or does he not know where the boundaries are? If he is trying to take over the property, it seems that it would be very hard for him to prove that he was the only caretaker of this property. Like the poster above me says, everybody or anybody in the subdivision could claim they are also caretakers of the property.
As far as getting out of paying legal fees, I thought that was included in the HOA fees, but maybe not. See if there is anything in the covenants. You may not get out of paying the fees, but if any of the above works it could lead to a quicker resolution and hopefully lower fees.
1970 Dodge d100/eventually going on a 77 D100 frame
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Re: Advice Needed - Neighborhood Association:
[Re: Sunroofcuda]
#3042996
05/17/22 09:52 AM
05/17/22 09:52 AM
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Joined: Jan 2003
Posts: 12,017 Benton, IL.
DaveRS23
Special needs idiot
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Special needs idiot
Joined: Jan 2003
Posts: 12,017
Benton, IL.
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Do you know why your Association has joined the suit?
Does the Association have meetings with their attorney present in order to keep the members up to date and can you ask questions?
And if the Association should win the suit, can they then sue the member for costs? If so, and should he not be able to pay, can a lien then be applied to his property?
At least some of the answers to your questions would vary state by state and would depend on the particulars of your Association's rules. Your questions and concerns should be addressed by your Association's attorney.
Master, again and still
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Re: Advice Needed - Neighborhood Association:
[Re: Mr PotatoHead]
#3043017
05/17/22 11:01 AM
05/17/22 11:01 AM
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Joined: Jan 2003
Posts: 8,392 Highland, MI.
Sunroofcuda
OP
master
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OP
master
Joined: Jan 2003
Posts: 8,392
Highland, MI.
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I would ask where the real owner was during all this.....
He claims that since the 80's he has been "maintaining" this two acres by trimming trees & vines, picking up garbage, & running off people who are back there dumping trash, etc. 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.
Last edited by Sunroofcuda; 05/17/22 11:09 AM.
No Man With A Good Car Needs To Be Justified
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Re: Advice Needed - Neighborhood Association:
[Re: Sunroofcuda]
#3043023
05/17/22 11:30 AM
05/17/22 11:30 AM
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Joined: Jan 2003
Posts: 18,407 UPPER MICHIGAN, MARQUETTE COUN...
NITROUSN
I Live Here
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I Live Here
Joined: Jan 2003
Posts: 18,407
UPPER MICHIGAN, MARQUETTE COUN...
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Who ever holds the deed to it and has been paying taxes is the owner. This guy has been trespassing on private property. Get a survey and post the line. Just because he chose to develop and maintain someone else's property without permission does not make it right or his.
Last edited by NITROUSN; 05/17/22 11:32 AM.
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Re: Advice Needed - Neighborhood Association:
[Re: Sunroofcuda]
#3043134
05/17/22 06:00 PM
05/17/22 06:00 PM
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Joined: Jan 2003
Posts: 10,702 North Dakota
6PakBee
I Live Here
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I Live Here
Joined: Jan 2003
Posts: 10,702
North Dakota
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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?
"We live in a time when intelligent people are being silenced so that stupid people won't be offended".
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Re: Advice Needed - Neighborhood Association:
[Re: 6PakBee]
#3043166
05/17/22 08:17 PM
05/17/22 08:17 PM
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Joined: Jan 2011
Posts: 15,827 Central Florida
larrymopar360
Stud Muffin
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Stud Muffin
Joined: Jan 2011
Posts: 15,827
Central Florida
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I know this isn't really helpful but let someone go get injured on the property and THEN see who wants to claim ownership.
Facts are stubborn things.
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Re: Advice Needed - Neighborhood Association:
[Re: Rhinodart]
#3043195
05/17/22 10:49 PM
05/17/22 10:49 PM
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Joined: Jun 2003
Posts: 3,318 Southern Maryland
klunick
master
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master
Joined: Jun 2003
Posts: 3,318
Southern Maryland
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Where I live he would be correct. I'm also squating on part of the HOA land. It wasn't intentional as when I had my fence put up I marked the property lines. They pretty much put the fence where it was easiest. That said, the HOA even sent someone out and they okayed it. I also have a long run into the woods out my back gate that I have been maintaining for 25 years. Technically, yeah, I could claim it legally but what a hassle. I go by the live and let live. I maintain their property and they let me use it. Same with my neighbor. He marked his lines but never mowed his backyard that backed up to my sideyard. I simply told him I realized the land was his and would he mind if I mowed it. No problems. My yard looks slightly bigger and nicer but yep, it is his land. Wouldn't think of being a #()K.
67 Barracuda FB
69 Superbee
"Southern Maryland: If you want a good looking woman, you had better bring her with you"
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