Quote:
Originally Posted by pats fan
I would have to see and hear the whole situation in order to give an educated opinion, but I have heard a number of people bring up "adverse possession." Adverse possession can only be claimed if it is done without permission. If there is an easement granted there is no adverse possession. Adverse possession must be: open, notorious, exclusive, hostile and continuous. If there is an easement there is permission, no longer hostile.
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Pats Fan...
Adverse posession can occur when indifference is shown by the property owner in regards to the usage of the property. Usually there is a long period of time involved as well. It does not have to be hostile. Just ask the folks building Akwa Vista and the folks on Centennial Ave...
I was referring to the Birdsall family being able to claim adverse possession in regards to the docking of thier boat. If they have been docking thier boat there for XX years with no issues, all of a sudden a piece of property changes hands and the new owner has an issue with the boat docking, a case for adverse possesion could be made. The Birdsall's could claim they have always docled thier boat there with no issues since the granting of the easement. If the origianl owners of the property didnt complain about the boat docking, one could argue the intent of the easement.
If I was the Birdsall family, I would seriously look into getting the property surveyed... just to be absolutely sure of the location of the property lines & easement. This might help alleviate some of the headache.
All in all its a big mess and its too bad they cant solve it with a beer and a handshake.
Woodsy