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Man Loses $100,000 Property in Delaware Beach Community After Neighbor Claims Squatter’s Rights
New York Post ^ | 3'/7 | David Propper

Posted on 03/08/2023 2:09:58 PM PST by nickcarraway

A man lost his more than $100,000 property in a Delaware beachside community after his neighbor claimed squatter’s rights during a court battle over the parcel.

Burton Banks was forced to transfer to Melissa Schrock the title of the undeveloped land he inherited from his late father due to the little-known adverse possession code in the Diamond State, according to the Delaware News Journal.

Banks reportedly wanted to sell part of the Ocean View property in 2021, worth about $125,000, when he discovered Schrock had had a goat pen on it for decades. She also used about two-thirds of the acre belonging to Banks for other purposes.

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


TOPICS:
KEYWORDS: adversepossession; delaware; property; squattersrights
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To: nickcarraway

In most states, if the owner has been paying property taxes every year, nobody can lay any type of claim to the land.


41 posted on 03/08/2023 2:56:09 PM PST by Roadrunner383
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To: T.B. Yoits

At least in California, a squatter cannot get granted adverse possession if the squatter hasn’t paid the property taxes for the 10 yr period


42 posted on 03/08/2023 2:57:44 PM PST by jpp113
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To: nickcarraway
Adverse possession goes back for hundreds of years. One of the motivating factors behind adverse possession is that land is inherently limited and therefore should be worked.
43 posted on 03/08/2023 2:58:17 PM PST by thegagline (Sic semper tyrannis! Goldwater 2024)
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To: Sacajaweau
LOL!

You actually read the story...       

44 posted on 03/08/2023 2:59:22 PM PST by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: livius
The use of the property by a neighbor may have originally been granted by the landowner of the time, but it was never meant to be in perpetuity and certainly not if the later owner didn’t know about it.

Fifteen years may as well be “in perpetuity,” for all intents and purposes.

Word to the wise: Always have a contract in writing when you let your neighbor use your property like this.

45 posted on 03/08/2023 3:03:15 PM PST by Alberta's Child
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To: 13foxtrot

In Delaware it doesn’t matter if you were paying the taxes or there was questionable adverse possession, all it takes is a judge making a case for the claimant and you’ve lost the land to a scumbag who never paid for the land or had a deed to it. Been there.

It costs a fortune to fight it in court and appeal it so you lose money and your land is still stolen.


46 posted on 03/08/2023 3:03:47 PM PST by Hartlyboy
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To: Roadrunner383

Nope...not even a consideration for adverse possession.


47 posted on 03/08/2023 3:06:14 PM PST by Sacajaweau ( )
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To: nickcarraway

Melissa schlonged him.


48 posted on 03/08/2023 3:07:57 PM PST by FlingWingFlyer ("I may be a white boy but I'm not stupid". - FJB at Black "History" event. Tell 'em Jo Jo!)
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To: algore

I watched a shed being moved 5 ft...They winched it and got rid of one nasty encroachement. I’m surprised the Towwn lt you put a shed on line...most have say 3’ to 10’ setbacks.


49 posted on 03/08/2023 3:11:48 PM PST by Sacajaweau ( )
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To: 13foxtrot

I have a question: If he had gone to a lawyer first, when this started recently, could anything have been done?


50 posted on 03/08/2023 3:14:40 PM PST by nickcarraway
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To: TheBattman

I wonder if these same laws apply to building a small shack out on Federal land somewhere and after so many years without ever being discovered it becomes your property?

HAAAAAA!


51 posted on 03/08/2023 3:17:40 PM PST by 21twelve (Ever Vigilant. Never Fearful.)
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To: Sacajaweau

california property taxes are a consideration....

In California, adverse possession occurs when a person who wants to claim someone else’s land must not only use it for at least five years, but they must also pay property taxes on it. Dimmick v Dimmick 58 Cal.


52 posted on 03/08/2023 3:18:14 PM PST by rolling_stone
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To: SJSAMPLE
It really doesn't quite work that way. Once it's staked...it's a done deal. That second person....his deed is in error on its' face.

If you knowingly encroach...you're pretty stupid. Is the land yours?? Most towns require a survey to put up a structure...including fences.

53 posted on 03/08/2023 3:18:32 PM PST by Sacajaweau ( )
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To: Jonty30

Nope....this is a very typical happening.


54 posted on 03/08/2023 3:18:58 PM PST by Sacajaweau ( )
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To: TheBattman

We had a house built 5 feet over the lot line. The adjoiner and the Town had no sympathy...and they were 100% right....Tear it down...no C Of O and one big lawsuit.


55 posted on 03/08/2023 3:21:28 PM PST by Sacajaweau ( )
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To: rolling_stone

You’re quite right as far as Ca goes. I shouldn’t speak so broadly...every state is different.


56 posted on 03/08/2023 3:23:15 PM PST by Sacajaweau ( )
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To: 21twelve

of course not... that is... uh... different! Right?


57 posted on 03/08/2023 3:24:21 PM PST by TheBattman (Democrats-Progressives-Marxists-Socialists - redundant labels.)
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To: Sacajaweau

Sleep (or actually living) on the property is not a requirement in any state I am aware of - only the use of and/or “improvements” (that could include simply mowing a spot... or setting up a goat pen, apparently).


58 posted on 03/08/2023 3:25:47 PM PST by TheBattman (Democrats-Progressives-Marxists-Socialists - redundant labels.)
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To: 13foxtrot

Yet the entire process enables the government to take form the landowner without compensation... unlawful taking is theft.


59 posted on 03/08/2023 3:26:40 PM PST by TheBattman (Democrats-Progressives-Marxists-Socialists - redundant labels.)
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To: nickcarraway

A pet wolf would solve the goat problem.


60 posted on 03/08/2023 3:27:07 PM PST by reg45 (Barack 0bama: Gone but not forgiven.)
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