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Re: Advice Needed - Neighborhood Association:
[Re: 70Duster]
#3043514
05/19/22 09:28 AM
05/19/22 09:28 AM
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Joined: Jun 2019
Posts: 744
Almost Heaven
Bob Stinson
super stock
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super stock
Joined: Jun 2019
Posts: 744
Almost Heaven
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If a person is already using, enjoying and maintaining land that is not legally theirs, I'm not sure why they would want to claim is as theirs. Nothing would change except then they would have to pay tax on it each and every year thereafter. They're planning to sell it. 
69 road runner A12 ex-racer
71 Duster w/ a 400
Shiny paint causes stress.
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Re: Advice Needed - Neighborhood Association:
[Re: Bob Stinson]
#3043522
05/19/22 09:42 AM
05/19/22 09:42 AM
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Joined: Jan 2003
Posts: 1,638
PA
70Duster
top fuel
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top fuel
Joined: Jan 2003
Posts: 1,638
PA
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If a person is already using, enjoying and maintaining land that is not legally theirs, I'm not sure why they would want to claim is as theirs. Nothing would change except then they would have to pay tax on it each and every year thereafter. They're planning to sell it. Ah, sure hope the potential buyer orders a thorough survey and title search.
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Re: Advice Needed - Neighborhood Association:
[Re: TJP]
#3043594
05/19/22 01:25 PM
05/19/22 01:25 PM
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Joined: Feb 2003
Posts: 10,198
Someplace you aren't
SomeCarGuy
I Live Here
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I Live Here
Joined: Feb 2003
Posts: 10,198
Someplace you aren't
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You’d need a contract with this guy saying who is to pay attorney fees in order to collect any. Of course nobody in your hoa has such a thing.
Sounds like nobody is claiming damages so it’s not like a court will up and declare the winner gets say 50k and it washes the legal costs out.
The real reason to fight this is because your neighborhood may not be pleased with what is built on it once he gets title and sells it off.
You have to watch for this kind of stuff. In many states, 7 years of open and hostile use opens the door to adverse possession.
Probably have to vote out the hoa board or see if by laws allow you to force some sort of vote among the owners to take or not take a given action.
38k seems really high for a lawsuit like this. There really shouldn’t be much discovery to dig through and likely a survey that wasn’t very much. I’d be questioning the billable hours and maybe see if the hoa would replace the attorney. Do they have a senior partner involved where a real estate specialist would be better suited?
I want my fair share
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Re: Advice Needed - Neighborhood Association:
[Re: SomeCarGuy]
#3043598
05/19/22 01:44 PM
05/19/22 01:44 PM
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Joined: Jan 2003
Posts: 1,908
Nebraska
4406bbl
top fuel
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top fuel
Joined: Jan 2003
Posts: 1,908
Nebraska
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Most states require him to post his intent as a matter of record, ie in the newspaper, wall street journal, some public printed record. In our state 7 years, and posted it is his. If anyone at any point gave him permission to do it, does not need to be in writing but they must testify, he gets nothing. So it is wise to tell all neighbors hey you can mow my grass anytime, ends that bullsheet. Send every adjoining neighbor registered letter giving them permission mow your property, never say maintain.
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Re: Advice Needed - Neighborhood Association:
[Re: srt]
#3043730
05/19/22 08:24 PM
05/19/22 08:24 PM
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Joined: Jan 2003
Posts: 3,920
Richmond, Indiana
19swinger70
master
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master
Joined: Jan 2003
Posts: 3,920
Richmond, Indiana
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The county assessor has been charging property taxes for those 2 acres to someone all these years. Who's name is on that tax bill?
1970 340 swinger. sublime
1967 barracuda fastback BB
55 Plymouth Project
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Re: Advice Needed - Neighborhood Association:
[Re: 19swinger70]
#3043779
05/19/22 11:30 PM
05/19/22 11:30 PM
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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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The county assessor has been charging property taxes for those 2 acres to someone all these years. Who's name is on that tax bill? I'd like to know that too. So far, nobody from our assoc. has talked with me about that yet. UPDATE: I was inaccurate on my original description of the situation - I just got more details from one of the board members (I DO NOT want to be on our board either BTW...). Turns out there are TWO parties - they live next door to each other - these are the people not from our sub - they have filed suit against our association in an attempt to appropriate the two acres they are claiming is theirs via adverse possession. We do have a real estate attorney defending us - our title companies have refused to defend this for us. Allegedly, if we did not answer their suits within the given time frame, we would have lost the land to them. If we roll-over & let them take the land, sounds like there are other homes that back to our commons areas that will also move-in to take a chunk of our land. Also, since they filed suit against our association, ALL of the families in our neighborhood are being sued. Several of our board members have tried to talk to these people, & they are not interested in talking - it's their way or the highway. With all the loopholes on both sides of the issue, it sounds like a no-win situation for either side. Only winners will be the attorneys. What a F-ed-up situation! WTH is wrong with people?
No Man With A Good Car Needs To Be Justified
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Re: Advice Needed - Neighborhood Association:
[Re: Sunroofcuda]
#3043780
05/19/22 11:43 PM
05/19/22 11:43 PM
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Joined: Feb 2015
Posts: 2,070
CA
crackedback
top fuel
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top fuel
Joined: Feb 2015
Posts: 2,070
CA
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The county assessor has been charging property taxes for those 2 acres to someone all these years. Who's name is on that tax bill? I'd like to know that too. So far, nobody from our assoc. has talked with me about that yet. UPDATE: I was inaccurate on my original description of the situation - I just got more details from one of the board members (I DO NOT want to be on our board either BTW...). Turns out there are TWO parties - they live next door to each other - these are the people not from our sub - they have filed suit against our association in an attempt to appropriate the two acres they are claiming is theirs via adverse possession. We do have a real estate attorney defending us - our title companies have refused to defend this for us. Allegedly, if we did not answer their suits within the given time frame, we would have lost the land to them. If we roll-over & let them take the land, sounds like there are other homes that back to our commons areas that will also move-in to take a chunk of our land. Also, since they filed suit against our association, ALL of the families in our neighborhood are being sued. Several of our board members have tried to talk to these people, & they are not interested in talking - it's their way or the highway. With all the loopholes on both sides of the issue, it sounds like a no-win situation for either side. Only winners will be the attorneys. What a F-ed-up situation! WTH is wrong with people? Your neighbors trying the adverse possession thing are crooks, plain and simple, IMO. Your HOA board are a bunch of lazy knuckleheads for not stewarding the assets of your association. Good luck as you are correct, attorneys win on billing.
Last edited by crackedback; 05/19/22 11:44 PM.
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Re: Advice Needed - Neighborhood Association:
[Re: crackedback]
#3043788
05/20/22 01:41 AM
05/20/22 01:41 AM
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Joined: Nov 2003
Posts: 1,113
Rochester NY
Jer
super stock
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super stock
Joined: Nov 2003
Posts: 1,113
Rochester NY
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Okay, this seems pretty simple. This was a subdivision of 38 homes. A survey map/plat map/subdivision map would most likely have been made and filed with the appropriate agency (here, it's the County Clerk's Office). This would clearly define the boundaries of the lots, any common grounds owned by the HOA and of course the exterior boundaries of the entire parcel being subdivided. THIS alone would preclude and nullify any claims the neighbors had on the property. Any real estate attorney will tell the HOA to have the common property lines (the lines common with the HOA and the neighbors) restaked, which would clearly show the common boundaries in the field. The real estate attorney will also mention that in most states, the burden falls on the claimant; in this case they could make no claim as there is a subdivision map which clearly defines the common lines, even if the common lines aren't evident in the field. They can cut the grass, trim trees, build a shed, whatever, on those two acres and the bottom line is, they've been trespassing for 20+ years.
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Re: Advice Needed - Neighborhood Association:
[Re: Jer]
#3043816
05/20/22 08:51 AM
05/20/22 08:51 AM
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Joined: Jan 2003
Posts: 10,696
North Dakota
6PakBee
I Live Here
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I Live Here
Joined: Jan 2003
Posts: 10,696
North Dakota
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Okay, this seems pretty simple. This was a subdivision of 38 homes. A survey map/plat map/subdivision map would most likely have been made and filed with the appropriate agency (here, it's the County Clerk's Office). This would clearly define the boundaries of the lots, any common grounds owned by the HOA and of course the exterior boundaries of the entire parcel being subdivided. THIS alone would preclude and nullify any claims the neighbors had on the property. Any real estate attorney will tell the HOA to have the common property lines (the lines common with the HOA and the neighbors) restaked, which would clearly show the common boundaries in the field. The real estate attorney will also mention that in most states, the burden falls on the claimant; in this case they could make no claim as there is a subdivision map which clearly defines the common lines, even if the common lines aren't evident in the field. They can cut the grass, trim trees, build a shed, whatever, on those two acres and the bottom line is, they've been trespassing for 20+ years. This is what I've been trying to say. How does the plat address these two lots? If they are not part of the subdivision why is the HOA becoming involved? Who actually owns the lots? Is the HOA authorized to assess members in this manner? A trip to the county recorder and a little sleuthing would answer a lot of questions. But to just keep cutting checks for a fight you may not have a dog in?
"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]
#3043913
05/20/22 01:44 PM
05/20/22 01:44 PM
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Joined: Jan 2003
Posts: 18,406
UPPER MICHIGAN, MARQUETTE COUN...
NITROUSN
I Live Here
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I Live Here
Joined: Jan 2003
Posts: 18,406
UPPER MICHIGAN, MARQUETTE COUN...
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Get a surveyor and shoot that line. Post it every 50 feet no trespassing. Put a fence up just do something.
1- Get the line set.
2-Post it.
3-Fence it.
4-Take pictures.
5-Set cameras up.
6-HOA sends registered letters to the trespassers.
7-HOA files a trespassing complaint with the police.
These items will cost very little to complete. The trespassers will have no say as they can not show ownership. The HOA has the upper hand at this point. Laying down will just give them an advantage. You cant waste time with these kind of people. Taking action on your own rights will make them think. What are they going to do? Call the cops. Also have the legal description and ownership proof available in case they do try calling the cops. Right now you have the right to keep them off. The police as a rule will not want to be involved. However they should be able to be on the side of the legal tax paying owners.
Last edited by NITROUSN; 05/20/22 02:10 PM.
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Re: Advice Needed - Neighborhood Association:
[Re: 19swinger70]
#3043980
05/20/22 06:14 PM
05/20/22 06:14 PM
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Joined: Jan 2003
Posts: 4,140
Canada -- Posts: 4034 -Registe...
5thAve
Doesn't care what this says anyway
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Doesn't care what this says anyway
Joined: Jan 2003
Posts: 4,140
Canada -- Posts: 4034 -Registe...
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The county assessor has been charging property taxes for those 2 acres to someone all these years. Who's name is on that tax bill? that seems like the most obvious answer. At the same time if this guy has been doing it all those years why did no-one ever tell him he was trespassing before on these 2 acres.
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