Junkman
Well-known member
I don't think the thread has been hijacked at all. Both problems are about land issues and the need for due dilligence before going to settlement, or in these cases how to resolve a problem after the fact.
Ohio Guy - If it hasn't been said before, I would cut off all direct communication with all parties involved and speak only through your lawyer. They are all in the CYA mode to minimize their losses. You do not want to say anything that will strengthen their position and weaken yours.
We are all interested in the outcome and hope it meets your expectations.
67- Listen to Junk and do the research. Sooner or later you are going to have to deal with the property line/driveway issue. You don't want to wait until you want to sell your property or the neighbor sells hers and the new owner puts a fence up and denies access to the driveway.
If you can't come to a resolution with your neighbor, you may have to relocate your driveway. At the very least have a plan.
In the long run it's only going to cost you more if you wait.
Jim
I agree with you 100%. The only thing to think about when these type of land issues come up, is how deep your pockets are. Attorneys don't work cheap, and it isn't in their interest to bring the matter to a swift and equitable close. You are always better off resolving it between the two parties involved, than you are to heading into a courtroom setting. I have done it both ways and I can tell you first hand that it can get expensive and ugly quickly. In the case of NWOhioChevyGuy , he is lucky that his title insurance company is on the hook to settle this, but you can be certain that they don't give a damn about his needs or wants. They just want to get out of this as quickly and inexpensively as they can. If he doesn't get an aggressive attorney on his side quickly, he is going to get roasted in the flames. The farmer knows that he is in the drivers seat, and is just holding out for the greatest amount of money that he can get. I doubt that he even realizes that his lease has a good chance of getting tossed by a judge, just because of how it was written and the compensation agreed to. If he gets to court, he is also going to need to prove that it was not a sweet heart deal to screw the previous mortgage company. After reading the contract, I am very suspicious of it.
In the case of Lookin4'67Galaxieconv, it is quite different. He purchased a property from an owner, and made the mistake of not having a survey done on the property at that time. What the seller told him were the boundaries, is important, since he might have a claim against the original seller, if the statute of limitations hasn't expired, and if he can prove that the original seller should have known about this "error" and have disclosed it. This also is going to be an uphill fight if he decides to litigate the matter. Fifty years ago, the courts were more lenient about adverse possession, and title issues. Today, with the soaring cost of land, they have taken a more conservative approach, and are not willing to give another's property to someone just because they make a claim of right to the land. When you weigh the cost of the attorneys fees against the value of the land that you want to acquire, you will rapidly realize that it is cheaper to buy it, no matter what the cost. When it comes to land disputes, the only winners are the attorney's...


