NEIGHBOR LAW FOR DUMMIES

Cover via Amazon   ARLENE AND I WENT TO BARNES AND NOBLE AT THE END OF JUNE 2006 AND FOUND A NUMBER OF BOOKS DEALING WITH NEIGHBOR LAW.  I ENDED UP CHOOSING THE ONE CALLED "NEIGHBOR LAW" FROM NOLO, BY ATTORNEY CORA JORDAN.  IN PLAIN-ENGLISH THIS WELL-WRITTEN BOOK GIVES TONS OF USEFUL INFORMATION TO DEAL WITH NEIGHBOR ISSUES.  I LIST THE TABLE OF CONTENTS BECAUSE I FOUND THE BOOK SO HELPFUL. AND THE LINK TAKES YOU TO AMAZON.

   1. HELP FOR COMMON COMPLAINTS

   2. NOISE

   3. WHEN A TREE IS INJURED OR DESTROYED

   4. ENCROACHMENT: INVADING BRANCHES AND ROOTS

    5. UNSOUND LIMBS AND TREES

   6. BOUNDARY TREES

   7. FRUIT AND NUTS: WHO OWNS WHAT

   8. OBSTRUCTION OF VIEW

   9. BOUNDARY LINES

   10. USING ANOTHER S LAND: TRESPASS AND EASEMENTS

        TRESPASSERS WHO BECOME OWNERS

   11. FENCES

   WHAT WAS THAT?

TRESPASSERS WHO BECOME OWNERS?

   

   GUESS WHAT CHAPTER I READ FIRST?  THEN I READ THE WHOLE BOOK. THEY DON'T TEACH THIS IN HIGH SCHOOL.  THEY SHOULD.  THERE"S NOTHING NEW HERE, THE COURTS HAVE PUBLISHED DECISIONS AS FAR BACK AS THE 13TH CENTURY.  MOST STATE STATUTES IN AMERICA WERE IN PLACE IN THE 1800"S.  BUT THE AVERAGE PERSON, INCLUDING MYSELF, DOESN'T HAVE A CLUE.  THERE, STARING ME IN THE FACE;  TRESPASSERS WHO BECOME OWNERS.  "MANY LANDOWNERS ARE SURPRISED TO LEARN THAT UNDER CERTAIN CIRCUMSTANCES, A TRESPASSER CAN COME ONTO LAND, OCCUPY IT AND GAIN LEGAL OWNERSHIP OF IT......A TRESPASSER MAY ALSO GAIN A LEGAL RIGHT TO USE PART OF SOMEONE ELSE'S PROPERTY; THIS IS CALLED A PRESCRIPTIVE EASEMENT.  THE LEGAL DOCTRINE THAT ALLOWS TRESPASSERS TO BECOME OWNERS IS CALLED " ADVERSE POSSESSION." " ( NEIGHBOR LAW,NOLO , BY CORA JORDAN)  

   AFTER READING THIS CHAPTER I WAS AWESTRUCK.  IT SEEMED TO ME THAT I HAD EVERYTHING REQUIRED FOR ADVERSE POSSESSION, BUT ACTUALLY PROVING IT WAS ANOTHER MATTER ENTIRELY.  BUT I ALSO CAME TO THE CONCLUSION THAT THE NEIGHBORS WERE, IN FACT, PUTTING THEMSELVES AT GREAT RISK.  BY THEM INITIATING THE LAWSUIT, THAT MADE IT POSSIBLE TO POTENTIALLY LOSE THEIR PROPERTY.  IT CAN OCCUR NO OTHER WAY THAN BY A LEGAL PROCEDURE.  AS I MENTIONED EARLIER IN THE STORY, I WAS QUITE CONTENT TO LEAVE THINGS ALONE. MY DRIVEWAY WASN'T RIGHT AND YOUR GARAGE WASN'T RIGHT.   IT WOULD BE AN OXYMORON TO SAY " YOU LEGALLY STOLE MY PROPERTY".  IT WOULD BE MORE ACCURATE TO SAY " BY YOUR FOOLISHNESS, YOU GAVE IT AWAY."    

   THERE IS A GREAT MORAL PURPOSE FOR ADVERSE POSSESSION .  CLICK THE LINK EARLIER IN THE POST AND SEE SOME OF THE REASONS FOR SUCH A THING........IT ACTUALLY PROTECTS YOU THE PROPERTY OWNER.  AND MOST IMPORTANTLY, IT'S ACTUALLY VERY EASY TO PREVENT SOMEONE FROM GAINING OWNERSHIP OF YOUR PROPERTY.........GIVE WRITTEN PERMISSION.   "A LANDOWNER WHO DOESN'T KEEP AN EYE ON HIS PROPERTY CAN LOSE IT."(NEIGHBOR LAW, NOLO, BY ATTORNEY CORA JORDAN)  IN PENNSYLVANIA IT ACTUALLY TAKES 21 YEARS FOR SOMEONE TO GAIN OWNERSHIP OF ANOTHER' S  PROPERTY .    21 YEARS  AND THEN IT'S VERY DIFFICULT , THEY DON'T JUST GIVE PEOPLE'S PROPERTY AWAY,  YOU HAVE TO PROVE A LOT OF THINGS.  AND THE OWNER HAS TO IGNORE HIS PROPERTY.  I WAS GLAD TO HEAR  FROM ONE OF MY ATTORNEYS THAT PA. IS ACTUALLY TRYING TO CHANGE THAT TO 5 YEARS.  
    AGAIN, FOR THE BENEFIT OF A SAD MISSTAKEN TEXTER  THE NEIGHBORS WOULD NEVER , COULD NOT POSSIBLY HAVE EVER LOST ANYTHING, IF THEY DID NOT BRING A LAWSUIT.  I DID WHAT ANYBODY WOULD DO.  I DEFENDED MYSELF.