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86-year-old WWII veteran being sued by country club over property
FOX 4 News ^ | April 23, 2014 | Melissa Stern

Posted on 04/24/2014 10:08:27 AM PDT by Tolerance Sucks Rocks

Edited on 04/24/2014 10:10:54 AM PDT by Admin Moderator. [history]

OVERLAND PARK, Kan. Family members of an 86-year-old World War II veteran say hes being harassed by a well-known golf course.

Virgil Wesley has lived in his home since 1995. Family members say Brookridge Country Club is suing Wesley for $75,000, because they allege 60 square feet of his garage is on country club property, according to a survey.


(Excerpt) Read more at fox4kc.com ...


TOPICS: Business/Economy; Culture/Society; Government; News/Current Events; US: Kansas
KEYWORDS: countryclub; eattherich; lawsuit; overlandpark
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1 posted on 04/24/2014 10:08:27 AM PDT by Tolerance Sucks Rocks
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To: 3D-JOY; abner; Abundy; AGreatPer; Albion Wilde; AliVeritas; alisasny; ALlRightAllTheTime; ...

PING!


2 posted on 04/24/2014 10:09:17 AM PDT by Tolerance Sucks Rocks (The PASSING LANE is for PASSING, not DAWDLING)
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To: Tolerance Sucks Rocks

there is an apostrophe missing in the last sentence


3 posted on 04/24/2014 10:11:50 AM PDT by GeronL (Vote for Conservatives not for Republicans!)
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To: Tolerance Sucks Rocks

Sue the county planning board and land surveyor. They both approved the building.


4 posted on 04/24/2014 10:13:07 AM PDT by Joe Marine 76 ("Honor is the gift a man gives to himself." ~ Rob Roy MacGregor)
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To: Joe Marine 76

He could actually sue the closing attorney, too. That’s what title insurance is for.


5 posted on 04/24/2014 10:15:28 AM PDT by Gaffer (Comprehensive Immigration Reform is just another name for Comprehensive Capitulation)
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To: Tolerance Sucks Rocks

This is a good pro bono case.


6 posted on 04/24/2014 10:15:47 AM PDT by Psalm 144 (FIGHT! FIGHT! SEVERE CONSERVATIVE AND THE WILD RIGHT!)
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To: Tolerance Sucks Rocks
Family members of an 86-year-old World War II veteran say he’s being harassed by a well-known golf course.

I guess it's Teed off...................

7 posted on 04/24/2014 10:16:09 AM PDT by Red Badger (Soon there will be another American Civil War. Will make the first one seem like a Tea Party........)
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To: GeronL
there is an apostrophe missing in the last sentence

And there's a period missing in yours (not to mention the lack of proper capitalization at the beginning).

8 posted on 04/24/2014 10:16:47 AM PDT by Quality_Not_Quantity (Liars use facts when the truth doesn't suit their purposes.)
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To: Tolerance Sucks Rocks
If he built the garage in 1998 and they did not respond until now, he may already own the property by adverse possession.
9 posted on 04/24/2014 10:18:49 AM PDT by iowamark (I must study politics and war that my sons may have liberty to study mathematics and philosophy)
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To: Quality_Not_Quantity

I am not a paid journalist - plus jeering from the cheap seats is fun sometimes....!?¡¿


10 posted on 04/24/2014 10:19:36 AM PDT by GeronL (Vote for Conservatives not for Republicans!)
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To: Gaffer

From Wiki:

Title insurance is a form of indemnity insurance predominantly found in the United States which insures against financial loss from defects in title to real property and from the invalidity or unenforceability of mortgage loans. Title insurance is principally a product developed and sold in the United States as a result of an alleged comparative deficiency of the U.S. land records laws. It is meant to protect an owner’s or a lender’s financial interest in real property against loss due to title defects, liens or other matters. It will defend against a lawsuit attacking the title as it is insured, or reimburse the insured for the actual monetary loss incurred, up to the dollar amount of insurance provided by the policy. The first title insurance company, the Law Property Assurance and Trust Society, was formed in Pennsylvania in 1853.[1] The vast majority of title insurance policies are written on land within the United States.

Typically the real property interests insured are fee simple ownership or a mortgage. However, title insurance can be purchased to insure any interest in real property, including an easement, lease or life estate.

There are two types of policies - owner and lender. Just as lenders require fire insurance and other types of insurance coverage to protect their investment, nearly all institutional lenders also require title insurance [a loan policy] to protect their interest in the collateral of loans secured by real estate. Some mortgage lenders, especially non-institutional lenders, may not require title insurance. Buyers purchasing properties for cash or with a mortgage lender often want title insurance [an owner policy] as well. A loan policy provides no coverage or benefit for the buyer/owner and so the decision to purchase an owner policy is independent of the lender’s decision to require a loan policy.

Title insurance is available in many other countries, such as Canada, Australia, the United Kingdom, Mexico, New Zealand, Japan, China, Korea and throughout Europe. However, while a substantial number of properties located in these countries are insured by U.S. title insurers, they do not constitute a significant share of the real estate transactions in those countries. They also do not constitute a large share of U.S. title insurers’ revenues. In many cases these are properties to be used for commercial purposes by U.S. companies doing business abroad, or properties financed by U.S lenders. The U.S. companies involved buy title insurance to obtain the security of a U.S. insurer backing up the evidence of title that they receive from the other country’s land registration system, and payment of legal defense costs if the title is challenged.


A lot of Title Insurance policies are to protect the Lender or mortgage holder, not the homeowner.................


11 posted on 04/24/2014 10:19:47 AM PDT by Red Badger (Soon there will be another American Civil War. Will make the first one seem like a Tea Party........)
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To: iowamark

That was my thought.


12 posted on 04/24/2014 10:20:04 AM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: Tolerance Sucks Rocks

” Brookridge Country Club is suing Wesley for $75,000, because they allege 60 square feet of his garage is on country club property, according to a survey.”

$75,000 for 60 square fee? That’s $54.4 million per acre.

What kind of crack is their attorney smoking?


13 posted on 04/24/2014 10:20:09 AM PDT by Rebelbase (Tagline: optional, printed after your name on post)
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To: Tolerance Sucks Rocks

Adverse possession should clear this up. The vet will win it.


14 posted on 04/24/2014 10:21:29 AM PDT by buffaloguy
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To: Red Badger

I understand it primarily is purchased by the lender and not for the borrower. But, you do know don’t you that once the lawyer has issued a policy for the lender, he will gladly sell you one too to protection your interests, and cheap. You need only ask for it.

I’ve done this twice.


15 posted on 04/24/2014 10:22:54 AM PDT by Gaffer (Comprehensive Immigration Reform is just another name for Comprehensive Capitulation)
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To: Joe Marine 76

Or sue the person who owned it when they put up the garage. And yes, when a sale is pending doesn’t the city send out a person to make sure everything is right?

As far as the law suit, $1,250/sq ft? Seems kind of excessive.

Hopefully someone will take up a collection for this guy’s legal defense.


16 posted on 04/24/2014 10:23:57 AM PDT by logic101.net (How many more children must die on the altar of gun control?)
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To: Rebelbase

Actually, the base recovery is $75. The other $74,925 is the attorney fee.


17 posted on 04/24/2014 10:24:38 AM PDT by PubliusMM (RKBA; a matter of fact, not opinion. 01-20-2016; I pray we make it that long.)
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To: buffaloguy

The vet will win it.

Only if he can get a lawyer....


18 posted on 04/24/2014 10:25:31 AM PDT by logic101.net (How many more children must die on the altar of gun control?)
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To: Red Badger
A lot of Title Insurance policies are to protect the Lender or mortgage holder, not the homeowner.................

Wnenever I've closed on a mortgage I've had to buy title insurance for the lender and it was offered to me. I've always passed on it, but with all of the hijinks of banks in the bubble and the crash I don't think I could pass it up unless I was buying a house that hadn't been sold or mortgaged for the past twenty years.

Does anyone know that insurance premiums have gone up because titles are much less secure than before?

19 posted on 04/24/2014 10:25:45 AM PDT by KarlInOhio (Republican amnesty supporters don't care whether their own homes are called mansions or haciendas.)
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To: iowamark

I think you gotta pay property taxes to claim adverse possession.

And if in fact he was assessed and did pay taxes on the entire garage, then yeah. you may have a point.


20 posted on 04/24/2014 10:25:46 AM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: Rebelbase
I expect there are quite a few BLM storm troopers that attend this club. All Club members, especially vets, should resign in disgust.
21 posted on 04/24/2014 10:26:27 AM PDT by dblshot (I am John Galt.)
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To: GeronL

“I am not a paid journalist - plus jeering from the cheap seats is fun sometimes”

but it doesn’t add much (if any) value to the discussion.


22 posted on 04/24/2014 10:26:28 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Gaffer

I remember, a now dead, radio talk show host, who gave financial advice to callers, was involved in some property dispute of his own. Seems like, IIRC, a property he owned had some defect in the title about a property line or some such as this case.

He didn’t worry because he had title insurance in case things went wrong.

He found out that his insurance covered only the lender and not him, so he was out of luck.....................


23 posted on 04/24/2014 10:28:01 AM PDT by Red Badger (Soon there will be another American Civil War. Will make the first one seem like a Tea Party........)
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To: logic101.net

The cities don’t normally send out anyone. The buyer pays for a survey and the bank and title company will check for encroachments.

It depends when the garage was built. If before he purchased the property then title insurance may cover him. If it was built after then the permitting process should have covered it. The survey company may have liability.

Of course he may have just built the garage without permits.


24 posted on 04/24/2014 10:29:19 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: KarlInOhio

It doesn’t matter when the property was last sold, even a hundred years ago.

Defects in titles are more common in older titles because the property surveying techniques were only as good as the surveyor’s skill. They didn’t have GPS or lasers, only their surveyor’s scope and a flunky with a brightly colored stick................


25 posted on 04/24/2014 10:31:54 AM PDT by Red Badger (Soon there will be another American Civil War. Will make the first one seem like a Tea Party........)
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To: buffaloguy

“””Adverse possession should clear this up. The vet will win it.””””

Last year I did a job where the city turned a long abandoned alley into a bike path. Garages had to be torn down or modified, garden sheds were torn down, landscaping was moved etc. Homes had been there many years but the city made everyone move their stuff a few feet back as it had gradually encroached on city owned property. Not a good place to work as the homeowners were just a tad upset.


26 posted on 04/24/2014 10:32:57 AM PDT by shelterguy
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To: Tolerance Sucks Rocks

He’s a WWII Vet that is 86 years old? How old was he when he enlisted? That would put him between 11-17 during the course of the war. I’ve heard stories that some kids were as young as 16 so guess it’s possible, but he had to be near the end.


27 posted on 04/24/2014 10:38:36 AM PDT by Marko413
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To: KarlInOhio

Just a rabbit trail to the conversation:

Title companies took a huge hit in the foreclosure meltdown because in addition to title, they insured the loan package.

When a loan went belly up, the lender ran a flea comb through the entire file to find something to hang the insurer.

Erroneous appraisal data, falsified verifications, survey errors (there were a lot during the boom due to overworked, sloppy surveyors)

One question is did the homeowner build the garage after his property was insured? If so he’s SOL on the policy covering it.


28 posted on 04/24/2014 10:44:50 AM PDT by Rebelbase (Tagline: optional, printed after your name on post)
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To: Tolerance Sucks Rocks
...harassed by a well-known golf course

The back story: President Obama was playing on that course last month, and his ball struck the garage causing him to go over par on the 5'th hole. The president determined that the garage was in the wrong place, thus he didn't miss the shot due to any fault of his own. He asked the government to follow up and correct the situation.

just kidding.

29 posted on 04/24/2014 10:45:20 AM PDT by Cementjungle
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To: Marko413

My dad is 87 and served in navy for the final month of the war.

A year earlier he lied about his age and went through army boot camp before they discovered it and gave him an honorable discharge.


30 posted on 04/24/2014 10:46:38 AM PDT by Rebelbase (Tagline: optional, printed after your name on post)
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To: dblshot

Well, Oklahoma and Texas are in a dispute over land and the BLM has moved in to claim it. They better watch out or the BLM will claim this too.


31 posted on 04/24/2014 10:58:17 AM PDT by Gadsden1st
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To: driftdiver
Of course he may have just built the garage without permits.

I think the news video showed a copy of the permit and the dates signed, it was quick, but I think that was what was shown.

32 posted on 04/24/2014 11:01:48 AM PDT by IYAS9YAS (Has anyone seen my tagline? It was here yesterday. I seem to have misplaced it.)
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To: Rebelbase
$75,000 for 60 square fee? That’s $54.4 million per acre.

Bet the Johnson County Assessor will be happy to rectify his low-ball assessment of the country club value :)

33 posted on 04/24/2014 11:09:10 AM PDT by LSAggie
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To: IYAS9YAS

Are you implying I should read the article?


34 posted on 04/24/2014 11:13:54 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: GeronL

Not to mention that punctuation saves lives...


35 posted on 04/24/2014 11:15:07 AM PDT by Quality_Not_Quantity (Liars use facts when the truth doesn't suit their purposes.)
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To: Tolerance Sucks Rocks

Maybe it’s the *ssholes’ way of thanking him for not being raised speaking German/Japanese, or being shuffled off to concentration camps.


36 posted on 04/24/2014 11:16:50 AM PDT by Jack Hammer
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To: Joe Marine 76

A surveyor does not “approve” anything. We are hired to do a task and we do it. But if I had surveyed the property and he somehow got the gargage approved by the city, I would still make note that it appears to be an encroachment.
Too many people involved to blame the surveyor, “if” he did his job properly. Planning, engineering, architects, and more were surely involved too.


37 posted on 04/24/2014 11:18:44 AM PDT by enraged
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To: driftdiver
Are you implying I should read the article?

Well, it wouldn't be a bad idea, but also wouldn't help regarding the permit, as it was silent on it. But the permit is shown in the video, I went back and viewed it again. He's got a good case of adverse possession going here. He's been assessed on the improvements to "his" property, has paid taxes on it, and has maintained/improved it for more than 15 years (the garage is over 15 years old).

38 posted on 04/24/2014 11:25:23 AM PDT by IYAS9YAS (Has anyone seen my tagline? It was here yesterday. I seem to have misplaced it.)
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To: Tolerance Sucks Rocks
The garage was issued a building permit in 1998 and any problem with property boundaries should have been resolved then. However, errors in land surveys are not uncommon. My parents had their property surveyed many years ago and the lot lines of the original platting of the town and a subsequent survey in the 1960’s varied by more than twenty feet. Back when the land was originally platted..likely more than 100 years ago...survey techniques were crude by today's standards so it would not be surprising that a modern survey might show previous errors. From my zoning classes this would be a case for a grandfathered existing use.
39 posted on 04/24/2014 11:27:13 AM PDT by The Great RJ
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To: GeronL

Oh my GOD!!!!


40 posted on 04/24/2014 11:28:16 AM PDT by Osage Orange (I have strong feelings about gun control. If there's a gun around, I want to be controlling it.)
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To: IYAS9YAS; driftdiver
Okay, so I was wrong. The article implied a permit was taken out by stating "He says if the building permit shows that Wesley built the garage in 1998, that would be in excess of 15 years." It didn't actually state a permit was taken out, though. The permit was shown in the video portion.

Going to my time-out corner now.

41 posted on 04/24/2014 11:30:05 AM PDT by IYAS9YAS (Has anyone seen my tagline? It was here yesterday. I seem to have misplaced it.)
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To: IYAS9YAS

Read the article? I didn’t know anyone did that around here.

:)


42 posted on 04/24/2014 11:37:30 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Osage Orange; GeronL

I belive the corekt usage is:

Oh, My, God!!!!!


43 posted on 04/24/2014 11:38:41 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver
Read the article? I didn’t know anyone did that around here.

I just read it for the pictures.

44 posted on 04/24/2014 11:40:23 AM PDT by IYAS9YAS (Has anyone seen my tagline? It was here yesterday. I seem to have misplaced it.)
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To: Rebelbase
My dad is 87 and served in navy for the final month of the war.

A lot of men who were in basic training at the time the war ended are indeed WWII veterans based on their induction dates, even though they were only assigned to the occupation forces in Europe or Japan.

45 posted on 04/24/2014 11:41:23 AM PDT by Charles Martel (Endeavor to persevere...)
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To: Tolerance Sucks Rocks

I’m not sure why this even made the news. It sounds like a run of the mill boundary dispute. Mr. Wesley built his garage a few feet over the property line, probably not even realizing he was encroaching on the Country Club. Country Club’s demand of $75,000 is unreasonable. I used to live in OP, and 60 sq. ft. is not worth anywhere near that much.

Mr. Wesley being an old, disabled, WWII has nothing to do with the story.


46 posted on 04/24/2014 11:51:52 AM PDT by Huntress ("Politicians exploit economic illiteracy." --Walter Williams)
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To: Tolerance Sucks Rocks

An area 6’ wide and 10’ long. Kinda like a prison cell. A$$holes


47 posted on 04/24/2014 12:10:21 PM PDT by Rannug ("all enemies, foreign and domestic")
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To: KarlInOhio
Wnenever I've closed on a mortgage I've had to buy title insurance for the lender and it was offered to me. I've always passed on it,

I do not know about Ohio, but in Texas the premium for an Owner's Policy, in addition to the Lender's Policy, is an addition $100. Regardless of the amount of the Lender's Policy. If you borrow $5,000,000 when buying a house, you can insure your title for a 100 bucks.

TEXAS TITLE INSURANCE PREMIUM CALCULATOR

48 posted on 04/24/2014 12:24:44 PM PDT by Pilsner
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To: Charles Martel

“A lot of men who were in basic training at the time the war ended are indeed WWII veterans based on their induction dates, even though they were only assigned to the occupation forces in Europe or Japan.”

The last organized Axis resistance was the surrender of a Japanese garrison in December 1945. For many purposes the official end of the Second World War for determining benefits of American servicemen was established by Presidential Proclamation (Proc. no. 2714, 61 Stat. 1048) as 31 December 1946.


49 posted on 04/24/2014 12:50:20 PM PDT by WhiskeyX
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To: Tolerance Sucks Rocks

According to the last comment at the bottom of the article, the Country Club has backed down.


50 posted on 04/24/2014 1:00:32 PM PDT by chaosagent (Remember, no matter how you slice it, forbidden fruit still tastes the sweetest!)
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