Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-83 next last
To: Sacajaweau

We had a rustic cabin and my dad wanted to add on a small addition to have an inside bathroom with running water. One of the first steps was to have a survey done. The survey showed the property line farther to the west than thought.

The neighbor on the west saw the survey stakes and had his own survey done. His surveyor put the boundary farther east than anybody thought (existing fence) and had the line running through our cabin.

Dad gave up on the idea of the bathroom, and the property line dispute was dropped. I’m guessing he figured the additional surveying and legal expenses (and perhaps finding out the actual property line cut through our cabin) wasn’t worth it.


61 posted on 03/08/2023 3:29:20 PM PST by 21twelve (Ever Vigilant. Never Fearful.)
[ Post Reply | Private Reply | To 55 | View Replies]

To: nickcarraway

“Schrock had had a goat pen on it for decades”

Let that be a lesson to all of us. Don’t forget to check your vacant land at least once a decade. And also don’t forget that squatters can be animals, too.


62 posted on 03/08/2023 3:34:19 PM PST by ProtectOurFreedom (There is lots of money and power in Green Communism and we all know where Communism ends.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sacajaweau

If he didn’t leave her the property, then it was not hers.

Same laws apply. That was trespassing.


63 posted on 03/08/2023 4:16:30 PM PST by TheWriterTX (Trust not in earthly princes....!)
[ Post Reply | Private Reply | To 37 | View Replies]

To: nickcarraway

Why was the dumshit living in Delunaware?


64 posted on 03/08/2023 4:25:24 PM PST by Bonemaker (invictus maneo)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Bonemaker

He wasn’t. That’s the problem.


65 posted on 03/08/2023 4:33:27 PM PST by nickcarraway
[ Post Reply | Private Reply | To 64 | View Replies]

To: TheBattman

I have a situation like that with a small parcel in New Mexico. I pay $5 in real estate taxes each year and as far as I know I am still owner. I would sell if I could find a buyer. It’s an off-the-grid/earth ship type deal. Can dump a submachine gun magazine there if you want.


66 posted on 03/08/2023 4:34:47 PM PST by Bonemaker (invictus maneo)
[ Post Reply | Private Reply | To 18 | View Replies]

To: drSteve78
Not even forty acres and a mule

Fitty acres and no land at-all...Is everybody in Delaware the the nasty, ugly, rotten arse are cracked up to be?

67 posted on 03/08/2023 4:34:56 PM PST by Fightin Whitey
[ Post Reply | Private Reply | To 8 | View Replies]

To: Angelino97

A bigger problem happens.

You need to make sure that they are real happy with their current digs before trying this Hail Mary solution.


68 posted on 03/08/2023 4:35:52 PM PST by Pelham
[ Post Reply | Private Reply | To 31 | View Replies]

To: subterfuge

Squatters took over the right of way on a highway by Woodbine, Iowa. My FIL was in it the lean to to pay the squatter for putting up hay & it happened to be raining that day and water was running all over the dirt floor. The 80+ daughter still lives there but when she dies, the county will bulldoze it. Her parents grabbed it back in the 30’s I’m told.


69 posted on 03/08/2023 5:00:01 PM PST by Mean Daddy (Every time Hillary lies, a demon gets its wings. - Windflier)
[ Post Reply | Private Reply | To 2 | View Replies]

To: nickcarraway

Grounds for removal from da Erf in my book.


70 posted on 03/08/2023 5:00:51 PM PST by Glad2bnuts ("People who didn't take take the Jab have -0- regrets, those who did may be SADS.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Fightin Whitey

Pretty sure I remember (growing up in Maryland) that everyone not at the ocean moved to New Jersey every chance they got


71 posted on 03/08/2023 5:02:39 PM PST by drSteve78 (Je suis Deplorable STILL . )
[ Post Reply | Private Reply | To 67 | View Replies]

To: TheBattman

We built a new house & was talking to a neighbor who had put in a chain link fence only to have the developer of the property next door tell him his fence was about 2’ over so he had to have the fence company backout to move it. My SIL has access to surveying equipment and while not official, he did verify that the pins matched the survey posts that they put in 5-10 years ago.


72 posted on 03/08/2023 5:05:11 PM PST by Mean Daddy (Every time Hillary lies, a demon gets its wings. - Windflier)
[ Post Reply | Private Reply | To 18 | View Replies]

To: nickcarraway

Adverse possession laws are similar in all states. This happens more than most people would believe.


73 posted on 03/08/2023 5:15:44 PM PST by Wilderness Conservative (Nature is the ultimate conservative)
[ Post Reply | Private Reply | To 1 | View Replies]

To: TheWriterTX

Good points.


74 posted on 03/08/2023 5:20:40 PM PST by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up..)
[ Post Reply | Private Reply | To 19 | View Replies]

To: DesertRhino

Its something every farmer does, especially now that there are hardly any family farmers, so it turns into situation where the common guy cant keep fighting the company behind the farms.

These laws are all garbage and need to be removed.


75 posted on 03/08/2023 5:35:24 PM PST by gnarledmaw (Hive minded liberals worship leaders, sovereign conservatives elect servants.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: nickcarraway

Sfl


76 posted on 03/08/2023 6:46:09 PM PST by JubJub ( )
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway

Not sure, I didn’t read the story. (I was just commenting on adverse possession in general.)

Generally, if the local adverse requirements are met (including the duration requirement), the adverse possessor acquires vested property rights in possessed the land. It takes 20 years in Delaware, which is a long time as far as these things go.


77 posted on 03/08/2023 7:05:30 PM PST by 13foxtrot
[ Post Reply | Private Reply | To 50 | View Replies]

To: nickcarraway

Ignorance on the part of the land owner. Who wouldn’t know that someone was raising goats on a portion of property you intend to sale. I can imagine part of the description in the sale: “We even have wild goats on the property”.


78 posted on 03/08/2023 7:42:15 PM PST by taxesareforever (Islam is an ideology. It is NOT a religion.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: TheWriterTX

I was asking....not saying...


79 posted on 03/08/2023 7:59:37 PM PST by Sacajaweau ( )
[ Post Reply | Private Reply | To 63 | View Replies]

To: Sacajaweau

One of the first modern cases of Adverse Posession involved a JUDGE who saw his neighbor’s land and built a pathway across it. The pathway existed for over a decade, when the judge decided to file a claim against the land. And WON.

He knew the land wasn’t his, but he encroached anyway and was awarded that portion of the land that he “claimed” with the path. It’s crazy.

As for staking, remember these laws go back to a time when there weren’t really accurate surveying methods or tools. A lot of land wasn’t staked/fenced and wasn’t required to be fenced. We’re talking about huge tracts of land.


80 posted on 03/09/2023 11:29:48 AM PST by SJSAMPLE
[ Post Reply | Private Reply | To 53 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-83 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson