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More about property lines

Started by Cord-n-8R, August 08, 2014, 05:47:50 PM

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kwendt

Quote from: John Mc on March 31, 2015, 03:48:03 PM
Kwendt - If I found a nice shed liek that on my land, I do believe I'd haul it down close to my house and start using it myself. If they left it on my property, it must have been meant as a gift, right?
RRRRIIIGGGGHHHHTTTTTTT!!!! I'm SURE that's right....  :o. I like the snowshoes.... cool touch... pun intended...  ::).
87 acres abandoned northern Maine farm and forest to reclaim. 20 acres in fields, 55 acre woodlot: maple, spruce, cedar and mixed. Deer, bear, moose, fox, mink, snowshoe and lynx. So far: a 1950 Fergie TO-20, hand tools, and a forge. (And a husband!)

Southside

Quote from: kwendt on March 31, 2015, 05:15:04 PM
Quote from: John Mc on March 31, 2015, 03:48:03 PM
Kwendt - If I found a nice shed liek that on my land, I do believe I'd haul it down close to my house and start using it myself. If they left it on my property, it must have been meant as a gift, right?
RRRRIIIGGGGHHHHTTTTTTT!!!! I'm SURE that's right....  :o. I like the snowshoes.... cool touch... pun intended...  ::).

I think you may have posted the wrong photo, I don't see any snowshoes in that photo..
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kwendt

Very odd.... when I originally posted it, the preview and the thread afterward showed the right photo of "The Moving Encroachment". BUT just now, when I went back to see it... showed a funky barn photo. Not right.

Here is the correct "Moving Encroachment" once again. 

 
87 acres abandoned northern Maine farm and forest to reclaim. 20 acres in fields, 55 acre woodlot: maple, spruce, cedar and mixed. Deer, bear, moose, fox, mink, snowshoe and lynx. So far: a 1950 Fergie TO-20, hand tools, and a forge. (And a husband!)

Warped

Wow, I haven't read the whole thread but if that was on my land at time of purchase it is now mine......that ladder too, and shovel and firewood, and snowshoes...........

While every state is different, Ingress/Egress easements, Prescriptive easements, Easement by Necessity and Adverse Possession and it's three usual requirements are usually very similar. One difference with AP is time duration of use. Other two are it must be "open for the world to see", and "hostile". Nevertheless, it always seems to be a sticky case. And while AP seems hard to accept, the reasoning behind it makes sense.
I've studied business law but am very far from an attorney but this is clearly spelled out in my West's Law book. :o
Good with the rough stuff and rough with the good stuff

Southside

I would take that over the horse barn any day!!
Franklin buncher and skidder
JD Processor
Woodmizer LT Super 70 and LT35 sawmill, KD250 kiln, BMS 250 sharpener and setter
Riehl Edger
Woodmaster 725 and 4000 planner and moulder
Enough cows to ensure there is no spare time.
White Oak Meadows

SwampDonkey

Must have a good wide trail to move that sucker down through the woods. They may not have much ambition to actually own property, but they mustered up a little to move that. Plus someone else gets to pay the taxes. :D
"No amount of belief makes something a fact." James Randi

1 Thessalonians 5:21

2020 Polaris Ranger 570 to forward firewood, Husqvarna 555 XT Pro, Stihl FS560 clearing saw and continuously thinning my ground, on the side. Grow them trees. (((o)))

Warped

Please post more pics of your new cabin! How long is it? Any windows?
Good with the rough stuff and rough with the good stuff

kwendt

Lol! Hopefully that, and the rest of the stuff are gone... But if not... I'll have some more junk to clean up. If that cabin stays stuck on my Tote Road... Then I guess I'll have a great shed. I'm guessing the thing is only 10' to 12' wide....
87 acres abandoned northern Maine farm and forest to reclaim. 20 acres in fields, 55 acre woodlot: maple, spruce, cedar and mixed. Deer, bear, moose, fox, mink, snowshoe and lynx. So far: a 1950 Fergie TO-20, hand tools, and a forge. (And a husband!)

red

Put some kind of GPS tracker on it
Honor the Fallen Thank the Living

kwendt

Quote from: red on April 01, 2015, 07:16:32 AM
Put some kind of GPS tracker on it
I already know who built it.... The person has a name sign hanging right on it. And this person was described to me as a "piece of work"... And not the brightest bulb in the box. I'm giving him the benefit of the doubt, and time to remove it. State police know about it, without me making a formal report...  No sense in getting all hot about, like magic man says.... Your nbrs can either watch out for ya, or burn ya down. (Errrr, my rather loose , Tombstone /Wyatt Erp interpretation,  ;)!)
87 acres abandoned northern Maine farm and forest to reclaim. 20 acres in fields, 55 acre woodlot: maple, spruce, cedar and mixed. Deer, bear, moose, fox, mink, snowshoe and lynx. So far: a 1950 Fergie TO-20, hand tools, and a forge. (And a husband!)

kwendt

Maine Revised Statutes
Title 14
Maine Law
Revisor's Office
Maine Legislature
§811§812-A
§812. Acquisition of rights-of-way and easements by adverse possession; notice to prevent

No person, class of persons or the public shall acquire a right-of-way or other easement through, in, upon or over the land of another by the adverse use and enjoyment thereof, unless it is continued uninterruptedly for 20 years. If a person apprehends that a right-of-way or other easement in or over his land may be acquired by custom, use or otherwise by any person, class of persons or the public, he may give public notice of his intention to prevent the acquisition of such easement by causing a copy of such notice to be posted in some conspicuous place upon the premises for 6 successive days, or in the case of land in the unorganized territory, by causing a copy of such notice to be recorded in the registry of deeds for the county where his land lies, and such posting or recording shall prevent the acquiring of such easement by use for any length of time thereafter; or he may prevent a particular person or persons from acquiring such easement by causing an attested copy of such notice to be served by an officer qualified to serve civil process upon him or them in hand or by leaving it at his or their dwelling house, or, if the person to whom such notice is to be given is not in the State such copy may be left with the tenant or occupant of the estate, if any. If there is no such tenant or occupant, a copy of such notice shall be posted for 6 successive days in some conspicuous place upon such estate. Such notice from the agent, guardian or conservator of the owner of land shall have the same effect as a notice from the owner himself. A certificate by an officer qualified to serve civil process that such copy has been served or posted by him as provided, if made upon original notice and recorded with it, within 3 months after the service or posting in the registry of deeds for the county or district in which the land lies, shall be conclusive evidence of such service or posting. [1971, c. 450, §1 (AMD).]

SECTION HISTORY
1971, c. 450, §1 (AMD).
87 acres abandoned northern Maine farm and forest to reclaim. 20 acres in fields, 55 acre woodlot: maple, spruce, cedar and mixed. Deer, bear, moose, fox, mink, snowshoe and lynx. So far: a 1950 Fergie TO-20, hand tools, and a forge. (And a husband!)

Southside

Even in cases where the land has been used adversely for 20 years or more the courts have been very, very, hesitant to grant claim.  There was a situation in Newport a few years back where a number of folks who had deeded homes on the lake suddenly discovered their right of way access that they had been using for decades was not actually legally perfected.  It all started when somebody went to trim a tree and tempers flared.   

When we had our farm in Maine which was around 300 acres we actually owned a decent sized of the neighbors yard as it turned out.  She had it done up quite nicely with flowers, yard care, a bench etc, it had been that way before we owned it and I was not about to create an issue over it. Especially considering she was the 1st one to know when cattle went wandering as once or twice they were staring into her sliding glass doors.  :D  We spoke about it one time just to be clear on things and it was not an issue when we sold the farm. 

Sounds like the owner of the camp is not going to try any sort of claim on you. 
Franklin buncher and skidder
JD Processor
Woodmizer LT Super 70 and LT35 sawmill, KD250 kiln, BMS 250 sharpener and setter
Riehl Edger
Woodmaster 725 and 4000 planner and moulder
Enough cows to ensure there is no spare time.
White Oak Meadows

pappy19

Any time you have a survey done or a boundary agreement between landowners, always, always make with metal posts, AND, pound a 16" rebar into the ground. Metal posts may be moved, but you can alsways find a corner or point of intersection by relocating the rebar with a metal detector.
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tmbrcruiser

I use the T fence post from time to time. I also get PVC pipe to slide over the fence post, won't rot and is very easily seen from a distance. Leave the pipe loose, do not drive it into the ground. It will fill with rain then freeze busting the pipe.
Once you get sap in your veins, you will always have sawdust in your pockets.

kwendt

Nice, timber cruiser... And welcome to the forum!
87 acres abandoned northern Maine farm and forest to reclaim. 20 acres in fields, 55 acre woodlot: maple, spruce, cedar and mixed. Deer, bear, moose, fox, mink, snowshoe and lynx. So far: a 1950 Fergie TO-20, hand tools, and a forge. (And a husband!)

kwendt

Nice, timber cruiser... And welcome to the forum!
87 acres abandoned northern Maine farm and forest to reclaim. 20 acres in fields, 55 acre woodlot: maple, spruce, cedar and mixed. Deer, bear, moose, fox, mink, snowshoe and lynx. So far: a 1950 Fergie TO-20, hand tools, and a forge. (And a husband!)

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