Land ownership ?

Homebuilt Aircraft & Kit Plane Forum

Help Support Homebuilt Aircraft & Kit Plane Forum:

Pilot-34

Well-Known Member
Joined
Apr 7, 2020
Messages
2,111
Location
Most of me is in IL but my hearts in Alaska
This is almost exactly an actual hanger flying thread depending on the answers I get here I may pursue or not having a runway and a hanger .
For at least 100 years the north line of property A has had a decided angle to it.
In the cornfields of Central Illinois property lines run within inches of directly north and south and east and west this particular line though has been off by about 75 feet . It’s clearly seen in the photos the Japanese took of the United States back in 1938
In 1992 the Then current owners split off 5 acres for a family member
That acreage was even surveyed but the survey which never used instead it was used in that slightly slanted shape.
It was a parallelogram that was used not a rectangle.
20 years later that family member owner of the 5 acres decided to sell the house and move they deeded the back 4 acres back to the family members that they had got it from an only selling 1 acre right around the house in the front of the lot
New owners came along about the house on 1 acre and promptly went bankrupt less than two years later I bought the property From a sheriff sale.
The description in the sale bill for the property describes the entire 5 acres but it lays out the measurements of the lot which amount to just over an acre.
You say for over 100 years nobody realize the problem with this wedge shaped triangle of land
I took one look at it realized the angle of the lot lines was wrong and went and had a talk with the farmer that owns the 40 next north of the property we’ve been talking about .Of course he thought he been farming it for many years that it was his but he didn’t want something that wasn’t his so we paid for a surveyor and the surveyor straightened up the line and the farmer quit farming the ground on the south side of the line.

So for a year this long skinny piece of property sa as kind of a no man’s land.

That’s when somethings occurred to me ,the property owner from the original place wasn’t gonna farm it because he thought his stuff was all south of that slanty line.
A quick talk with the farmer to the Norris revealed he wasn’t gonna form it because it wasn’t his and he thought it belong to me
The family member That had originally bought that 5 acres had never owned it so His deed deeding it back to the original owners isn’t valid for that piece of property.
So for three years I had used it as a garden and considered it to be mine I had also thought about establishing a runway on it
Two years ago the farmer of the original larger partial changed the new guy came in And Not knowing the history and not recognizing or not caring planted over my garden.
So the next year I erected a string fence which he ignored and planted over again.

So the question is who do you think really owns this piece of property and what would you do??

The current owners of the original piece of property that all this came from are absentee landowners that I don’t like very much and I don’t care if I get along with them or not.
The current farmersare OK personally but they tend to run rough shot over everybody else around them one farming so I don’t care if I get along with them or not.
 

TFF

Well-Known Member
Joined
Apr 28, 2010
Messages
17,967
Location
Memphis, TN
The people who’s name is on it at the courthouse owns it. That they don’t know they own it doesn’t mean some grandkid will come in in twenty years and plow it under or sell it to Walmart. There is no squatters rights. There is a triangle piece at the street in my front yard not wider than ten feet at the widest point starts just after the first driveway and crosses the entrance to the other. Not mine. That sliver belongs to the property north of me. They just had a survey done as the property changed hands. I knew it but not exact. I cut it as my front yard, but if they wanted to put a fence up, it’s theirs. They just can’t block the drive.
 

Pops

Well-Known Member
Supporting Member
Joined
Jan 1, 2013
Messages
11,514
Location
USA.
TFF is right. We have 40 acres of woods behind my back yard. The owner had it surveyed thinking about selling one end of the 40 acres. This surveyor went back to the benchmark, ( middle of the river) and started from scratch and found that his neighbors house is on his land. I was thinking of buying a couple acres of the woods behind my back yard and he told me that he is just going to let it go and not press the issue and forget about the survey and not correct a survey in the past. With this accurate survey, one end of my back yard is off by about 20'. Why I will not extend my hanger. Now with GPS the surveys are a lot more accurate.

My Grandfather was the second owner of his farm from the land grant.
 

llemon

Well-Known Member
Joined
Apr 29, 2021
Messages
126
"It’s clearly seen in the photos the Japanese took of the United States back in 1938"

Are those photos available online?
 

BJC

Well-Known Member
Supporting Member
Joined
Oct 7, 2013
Messages
15,917
Location
97FL, Florida, USA
So the question is who do you think really owns this piece of property and what would you do??
I have no idea who owns it, and, anyway, whatever I think is irrelevant. But I do know what I would do if I wanted to do anything other than abandon the property: I would hire a good real estate attorney to determine my ownership and or legal rights.


BJC
 

Aerowerx

Well-Known Member
Joined
Dec 1, 2011
Messages
5,885
Location
Marion, Ohio
Now with GPS the surveys are a lot more accurate.
As I understand it, land surveys go by the original landmarks regardless of what GPS says even if there is a discrepancy.

(If you want a real headache, try interpreting Metes and Bounds!)

And I agree with BJC. Get a lawyer to figure it out.
 

Pilot-34

Well-Known Member
Joined
Apr 7, 2020
Messages
2,111
Location
Most of me is in IL but my hearts in Alaska
Lol Forget the attorney thing. A good attorney can get a ham sandwich convicted and I’ve got a **** good attorney.

The question is what’s the right thing to do?

My neighbor to the north he did “the right thing “ when he realized it wasn’t really his by deed and he quit using it.
His intention was it for it to go back to the rightful owner , personally I didn’t have any problem with him using it they had been farming it for 100 years that’s good enough for me
But once he decided he didn’t want it anymore it left me in a little bit of a quandary about my role with the property.
 

BJC

Well-Known Member
Supporting Member
Joined
Oct 7, 2013
Messages
15,917
Location
97FL, Florida, USA

cvairwerks

Well-Known Member
Joined
May 12, 2010
Messages
426
Location
North Texas
Pops: I’d take the time to fix the issue if I were you. My family has had to deal with some screwed up property lines from the 1950’s. Only affects about 400 pieces of property, including homes, schools, businesses and the city. One bad marker threw off all those. Everyone involved have not come up with a way to legally and fairly fix it, so all those deeds are tainted and noted as such.
 

Pilot-34

Well-Known Member
Joined
Apr 7, 2020
Messages
2,111
Location
Most of me is in IL but my hearts in Alaska
What did your **** good attorney say?

The question that we have been responding to was:

But the right thing to do is to determine the rightful owner.


BJC
Lol my attorney asked me who I want to own it.
Determining the rightfull owner isn’t like 2+2=4
Like my attorney said he is pretty sure he can make it work out for any of the parties involved !
 

Dana

Super Moderator
Staff member
Joined
Apr 3, 2007
Messages
11,097
Location
CT, USA
There is no squatters rights.
Actually there is, google "adverse possession". Basically it means that if somebody occupies your land for some period of time, openly, without permission, continuously, they can claim it.

My land has an odd bend in one boundary. Seems a neighbor built an extension onto his house which was close to the property line; the extension was over the line. The previous owner of my land said he had to tear it down or buy 1/4 acre... he bought it.
 

Pops

Well-Known Member
Supporting Member
Joined
Jan 1, 2013
Messages
11,514
Location
USA.
Pops: I’d take the time to fix the issue if I were you. My family has had to deal with some screwed up property lines from the 1950’s. Only affects about 400 pieces of property, including homes, schools, businesses and the city. One bad marker threw off all those. Everyone involved have not come up with a way to legally and fairly fix it, so all those deeds are tainted and noted as such.
The little few feet on the back corner of my property line does not bother me. We don't really have absolute ownership anyway, just provisional ownership.
You have absolute ownership of your auto, airplane, furniture, clothes. Just provisional ownership of land. Not always been that way.
 

J.L. Frusha

Well-Known Member
Supporting Member
Joined
Feb 17, 2006
Messages
1,072
Location
Luling, Texas
Who does the survey say owns it? That's the crux of the biscuit.

We had to have this place surveyed when we bought it. Was supposedly about 5 acres. The Previous Owners had sold bits and pieces off of 100 acres and lost track.
Survey says - 6.39 acres. I picked up an extra 1.39 acres of land along the 'creek'. If you want to see wonky property lines, I have a set for you. LOL


1662958234282.png
 
Joined
Jun 24, 2010
Messages
155
Location
Madera, California U.S.A.
The right thing is stop order on any person and or persons disturbing your garden. Then have your attorney file in local court for use said property by you and any transfer(s) in the future. No you do not own said property but you or transferee have unobstructed use of said property. Legal owner must pay taxes on properityt through court action, right of possession has been forfeited. Been there and done that. If all of your i are dotted and t are crossed.
 

TFF

Well-Known Member
Joined
Apr 28, 2010
Messages
17,967
Location
Memphis, TN
The adverse possession pretty much requires spending multiples of the value of the property to flip the scales. It’s still a lawyer game. Not paying property taxes, no grounds keeping in certain areas that require it, buildings falling down. It’s pretty much how cities take possession of land. A friend has bought a few properties that were on the local tax sale.
 

WonderousMountain

Well-Known Member
Joined
Apr 10, 2010
Messages
2,778
Location
Bellingham, Wa
These are different things,

*)A blemished title.
*)Adverse possession.
*)Recovery of land.
*)Adverse Use (Plow).
*)Relinquish & Surveys & Taxing.
*)Eminant domain.

In fact it gets a lot more technical,
A Quit Claim Title, ensures buyers,
Consideration if title is at fault, yet
it does not gaurantee future usage,
however a direct homestead patent
prevents squatting.

The reasoning usually entails facts
not known at time of transfer, rather
less likely that someone marches on
with no history & demands property.
 
Top