Friday, November 16, 2007

Adverse Possession Brouhaha

by Osman Parvez
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The comments I've gotten from on the adverse possession of private land by two legal eagles (see Gimme! A Legal Land Grab) has been startling. This issue really sparks a reaction.

Although I can't share their off the record comments, some laced with colorful metaphors, here's a few snippets from letters to the editor of the Daily Camera:

November 12:
"Gaining ownership under adverse possession can only happen when titled owners exhibit an uninterrupted disregard for another's use of their property for many years."

November 14:
"Bob Greenlee's column on adverse possession (Nov. 4) was a welcome opening to the subject of adverse possession. Our family recently endured six years of legal agony and expense defending a beloved portion of our property in Boulder from an adverse-possession claim by our next-door neighbor, Marsha B. Yeager, an ultra-conservative judge."and...

"Developing an obsession with the details of property ownership and with making sure your neighbor never gets the better of you is not a progressive attitude, but is one, apparently, that needs to be exercised in Boulder, as property values, population and population density continue to rise."

November 15:
"Bob Greenlee's column about two local attorneys using a rare legal tactic to grab their neighbor's land seems to have hit a nerve with some Boulderites, who took exception to his swipe at the progressive community of Boulder."


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2 comments:

  1. Check also for stories of urban squatting/adverse possession in Orange County California in the early 90's.

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  2. Catherine Potts12/16/2007 12:02:00 AM

    Hey well... we have a case going on in Denver County where my grandparents passed away, the neighbors to our property (of just over an acre) filed a hostile landmarking application for the WHOLE parcel (split into three parcels in city records). When they didn't get it all then, they encouraged the lady next door, who is a naturalized citizen (we assume) from Spain (whose second ex-husband bought my great grandparent's house in the 70s-she won the house in the divorce in 1998 and was only first placed on the title in the early 90s) to file an adverse possession case against us to cloud the title of our land so we can't sell. This claim makes the property far less attractive.

    They've so far managed to repeatedly harass us while we're on this narrow strip they claim we don't own, steal 'no trespassing' signs and assault my mother. There are TWO permanent restraining orders against the husband/wife lawyer team who assaulted and harassed my mother.

    The neighborhood supports their behavior. They have had meetings discussing how damaging landmarking would be financially. One neighbor was quoted as saying we deserved it. Why? We never did anything to these people. Also, they've attempted to get us blacklisted from any buyer of higher dollar properties, perhaps interested in developing it. They admitted to having a phone list of people to call and have drive by the property if they saw us out there working. Just to make sure we weren't "doing anything wrong."

    We've been on this property for going on 90 years and this is how they treat us? It's so bizarro as compared to the outrage in Boulder. These neighbors to our property simply don't want anything built. Yet they've overbuilt on their property. Also, the lady (who plays as if she is a weak immigrant just trying to make it in her new land- yeah right) has changed her story NUMEROUS times on what she "believes" she has always owned. We've had many surveys and this last year, they actually pulled out the survey pins as well! They've harassed our surveyor... you name it. Stepped in front of a running chain saw, yelled, screamed, filmed... Anyway, she has not used the property and we have proof. She fears things will change, just like they other neighbors fear. So they apparently feel it's OK to financially destruct my family just so they won't have another house next door. Did I mention that they happen to have 75 acres of park land across the street, collectively? Why us? Why our land? Why do this kind of thing? I just don't see how people can live with themselves, knowing they're destroying lives. Land/house ownership is generally the largest asset in a person's life. At what point is someone going to realize that if they do something like this, eventually they're going to run into someone who doesn't necessarily have the restraint we have had? People are really playing with fire.

    If you're interested in reading the articles done in the Denver Post and Rocky Mountain News, do a search in Google for 'S.R. DeBoer'. We have the #1 spot in the rankings, the neighbors have #2. Feel free to peruse their site'O'lies. You'll be able to see some of the articles written on our situation in regard to the landmarking. Did I mention the total corruption in the City? It seems that Colorado has some work to do in finding ethical people to run our cities.

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