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Finance & Stock Groups Forum Index » Real Estate » Bought Land at Florida Tax deed, Sheriff is denying acess
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| Seth |
Posted: Thu Aug 07, 2008 3:13 pm |
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In article <0q1j94di1lbp00i5aoff7g8hj6ll7nv54g@4ax.com>,
Cy Pres <c.pres@yahoo.com> wrote:
Quote: I don't see why the police would intervene
when Dennewitz is clearly in possession of the land and seems to have
a good adverse possession claim against whatever previously owned the
property.
Whether or not he has a _good_ adverse possession claim depends on how
long he's been using the property (and the exact local laws on the
subject).
Seth |
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| Guest |
Posted: Thu Aug 07, 2008 3:13 pm |
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In misc.legal.moderated John A. Weeks III <john@johnweeks.com> wrote:
Quote: What I think you need to do is act on your own and assert your
rights of ownership. I'd suggest the following process:
I'd suggest that you quit giving the person bad advice.
Quote: 1) tag each item you want moved with a letter stating that the
item is on your property, and the date by which it must be moved.
2) on that date, start moving stuff. Hire a bobcat from a rental
place and move the shed to a different part of the property.
That can get the person arrested. There might even be some sort of adverse
possession issue going on here. The courts frown on this sort of self-help
even if the person who the shed belongs to is totally in the wrong here.
The person should document the situation and take them to court to have the
shed, etc. removed.
--
Mike
-------------------------------
"Our enemies are innovative and resourceful, and so are we. They never stop
thinking about new ways to harm our country and our people, and neither do
we," George W. "Shrub" Bush Aug 5, 2004 |
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| Guest |
Posted: Thu Aug 07, 2008 3:13 pm |
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In misc.legal.moderated Dick Adams <rdadams@panix.com> wrote:
|> The property is not zoned for a shed. The shed is in violation
|> of the Pasco County Code or Ordinances.
|>
|> <Zoning Department experience deleted)
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| And you expected a Zoning Department to actually do something?
At the very least, the "818 Land Trust" would want to be sure THEY are not
liable for the zoning violation. If they send a letter to the zoning
department that they attempted to remove the sheds, but were blocked by
law enforcement, that should help defend them from being accused of the
zoning violation.
OTOH, a zoning violation for a shed? What kind of place is this?
| What I really love is that the County sold you the land at a
| tax deed sale and now objects to you trying to make a profit
| from it. Perhaps they are embarrassed that they did not think
| of selling the land piecemeal to the homeowners at the prices
| you are asking. Afterall it's 'strategy du jour' for elected
| and appointed public officials to commit extortion against
| homeowners. Do not be surprised when the County attempts to
| take the land from you by emminent domain.
Maybe "818 Land Trust" could offer to sell it back to the county. But asking
1.5 million for the whole thing is just way off into absurdity. If I were one
of the adjacent land owners, I'd just back off the land and tell the OP where
to stuff it (after _maybe_ giving him an offer that was 10% over what he paid
the county, proportioned for the part directly behind mine, valid for 30 days).
| Is there enough money involved to justify a PR campaign
| against the County for selling off these parcels in the
| first place. "Why did they sell it if they didn't expect
| it to be used?"
Maybe they were not aware at the time of sale of the intention to sell it at
such a high price.
I can understand high prices where there is also a high risk that it would
not be sold. If I were an adjacent property owner, I'd act to ensure that
there is indeed a high risk that it would not be sold.
I'd also hunt down the developer who originally sectioned it off to find out
why that was done (but it might be something benign like an intent to build
an alley that was never followed through). I'd also explore my original deed
and land history to see if anyone made mistakes.
--
|WARNING: Due to extreme spam, googlegroups.com is blocked. Due to ignorance |
| by the abuse department, bellsouth.net is blocked. If you post to |
| Usenet from these places, find another Usenet provider ASAP. |
| Phil Howard KA9WGN (email for humans: first name in lower case at ipal.net) | |
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| kastnna |
Posted: Thu Aug 07, 2008 3:13 pm |
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On Aug 6, 6:14=A0am, LandTrust...@yahoo.com wrote:
Quote: Yes, the trust has bought 4 parcels like this to date. One was a road
that we sold to the residents who live on the road for a $2700 profit.
Yes, we have been called abusive extortionists. We just saw a good
investment, bought it (them). Now we own the property and do not want
people to use it for free. We offered to lease the land to the people
who live along Bigelow for $5 per month each. In out book, that is not
extortion.
You don't need to justify it to me. I understand completely that
others erred and your "trust" took advantage of it. Nothing like good
ol' capitalism. But you don't get to pick and chose your examples.
Threatening to invite the homeless over for pizza (as one article
alleges) and various other property devaluing nuissances could be
construed as extortive acts.
Quote: Yes, we suspect that the County Authorities oppose us owning the land
and wanting to use it, but, remember, the County is who sold us this
parcel.
Legal matters partially aside, I don't think your company is as adept
at spotting "good investments" as you believe. So far, the profits
both you and the articles mention are nothing compared to the expenses
you're going to encounter when someone(s) stands up to fight you in
court. Investment profitability should incorporate ALL the reasonably
expected risks/expenses and legal fees should have been an obvious one. |
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| Dick Adams |
Posted: Fri Aug 08, 2008 4:06 pm |
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<phil-news-nospam@ipal.net> wrote:
Quote: Dick Adams <rdadams@panix.com> wrote:
The property is not zoned for a shed. The shed is in violation
of the Pasco County Code or Ordinances.
Zoning Department experience deleted)
And you expected a Zoning Department to actually do something?
At the very least, the "818 Land Trust" would want to be sure THEY
are not liable for the zoning violation. If they send a letter to
the zoning department that they attempted to remove the sheds, but
were blocked by law enforcement, that should help defend them from
being accused of the zoning violation.
It was my interpretation that the OP wanted to the Zoning Department
to take action against the squatter as opposed to protecting
themselves from inheriting a zoning violation. According to the OP,
the Zoning Department took the position that they would take no
action until the dispute was resolved.
My experiences with zoning boards is that refuse to be a party to
disputes between landowners even if there is a blatant zoning
violation - unless one of the landowners is politically
well-connected.
Quote: OTOH, a zoning violation for a shed? What kind of place is this?
The shed is legally referred to as an out-building and is generally
a hot topic.
Quote: What I really love is that the County sold you the land at a
tax deed sale and now objects to you trying to make a profit
from it. Perhaps they are embarrassed that they did not think
of selling the land piecemeal to the homeowners at the prices
you are asking. Afterall it's 'strategy du jour' for elected
and appointed public officials to commit extortion against
homeowners. Do not be surprised when the County attempts to
take the land from you by emminent domain.
Maybe "818 Land Trust" could offer to sell it back to the county.
But asking 1.5 million for the whole thing is just way off into
absurdity. If I were one of the adjacent land owners, I'd just back
off the land and tell the OP where to stuff it (after _maybe_ giving
him an offer that was 10% over what he paid the county,
proportioned for the part directly behind mine, valid for 30 days).
IMRHO 10% is as absurd as 1.5 million. (See below)
Quote: What I really love is that the County sold you the land at a
tax deed sale and now objects to you trying to make a profit
from it. Perhaps they are embarrassed that they did not think
of selling the land piecemeal to the homeowners at the prices
you are asking. Afterall it's 'strategy du jour' for elected
and appointed public officials to commit extortion against
homeowners. Do not be surprised when the County attempts to
take the land from you by emminent domain.
Maybe "818 Land Trust" could offer to sell it back to the county.
But asking 1.5 million for the whole thing is just way off into
absurdity. If I were one of the adjacent land owners, I'd just back
off the land and tell the OP where to stuff it (after _maybe_ giving
him an offer that was 10% over what he paid the county,
proportioned for the part directly behind mine, valid for 30 days).
IMRHO 10% is as absurd as 1.5 million. (See below)
Quote: Is there enough money involved to justify a PR campaign
against the County for selling off these parcels in the
first place. "Why did they sell it if they didn't expect
it to be used?"
Maybe they were not aware at the time of sale of the intention
to sell it at such a high price.
They should have. (See below)
Quote: I can understand high prices where there is also a high risk that
it would not be sold. If I were an adjacent property owner, I'd
act to ensure that there is indeed a high risk that it would not
be sold.
Tax deed sales occur when attempts to collect the tax have
failed. It is, therefore, a valid presumption that the
new owner is assuming the risk of selling worthless property.
In such cases, there is a high risk and a profit of 500% does
not seem unreasonable to me.
I missed the 1.5 million offer and suspect it was flippant
comment to a house job reporter rather than a written offer.
I did catch the rental offer of $5/month or $60/year. But
selling it piecemeal is a very high risk scenario for the
new owner because it splits up the land and leaves the new
owner with the responsibility of maintaining disconnected
pieces of property.
Quote: I'd also hunt down the developer who originally sectioned
it off to find out why that was done (but it might be
something benign like an intent to build an alley that
was never followed through). I'd also explore my original
deed and land history to see if anyone made mistakes.
That is excellent advice.
Dick |
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| Stuart Bronstein |
Posted: Fri Aug 08, 2008 4:06 pm |
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rdadams@panix.com (Dick Adams) wrote:
Quote: Cy Pres <c.pres@yahoo.com> wrote:
... I don't see why the police would intervene when Dennewitz
is clearly in possession of the land and seems to have a good
adverse possession claim against whatever previously owned the
property.
Adverse possession requires continuous and open usage for x
number of years. In Florida, it is seven years so his adverse
possession claim may not be good.
I don't practice in Florida, but a quick review of cases indicates that
for adverse possession (as opposed to a prescriptive easement) the
claimant may have had to pay taxes on the property in question. That
apparently didn't happen, so it is unlikely that the adjoining
landowners got adverse possession of the property OP purchased.
Now it's possible that the county charged the adjoining landowners
property tax on the property that OP purchased, if assessors came out
and appraised the properties including that property. If so the tax
sale was illegitimate and OP should get his money back.
Stu |
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| grendal |
Posted: Sat Aug 09, 2008 3:30 pm |
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On Aug 6, 6:14 am, LandTrust...@yahoo.com wrote:
Quote: The offer was $500 for the whole parcel. Right or wrong in anyones
opinion, its our land and, as printed in the St. Pete Times, for now
we want 1.5 million for it.
1.5 million? LOL that's going to be your downfall.
Someone pointed out eminent domain. (That may happen, or it may not.
Depends on the city and how hard you want to fight it. Worst case you
could just get your money back.)
The bottom line, you walk in to court, saying that the property is
worth 1.5 million (not what you paid for it) and you want these people
off your land.
Now a judge. He may agree, the people move their stuff off their back
yards. But you're now sitting on worthless land. You can't build on
it.
You can't sell it, not for the price you're asking. And there may even
be an issue if you try to sub divide the parcel and sell off a portion
of it.
The bottom line. You can either dump the land, sell it to home owners
at a price that makes sense to them, or keep paying taxes on it.
If you stop paying the taxes, or stop maintaining the land, you're
going to end up losing the land.
IANAL, but your business partner in Florida is one. Seems you invested
in a bad deal.
You're in a no win situation on this piece of land.
BTW 510' by 20' would make a great series of garden plots. |
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| grendal |
Posted: Sat Aug 09, 2008 3:30 pm |
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On Aug 7, 6:13 am, phil-news-nos...@ipal.net wrote:
rice.
Quote:
I can understand high prices where there is also a high risk that it would
not be sold. If I were an adjacent property owner, I'd act to ensure that
there is indeed a high risk that it would not be sold.
They, the adjacent home owners don't have to do anything.
BTW, I'd be suspect about a HOA being involved in this, then the home
owners would have known about the common land and would have been
responsible for the back taxes.
But the point I was trying to make is that a worst case scenario is
that the "land owner" goes to court and a judge agrees with them to
force the removal of the shed.
That would mean that the shed's owner had lost his position that he
owned the land (adverse possession?)
So now the land trust has their 20' by 580' lot that they can do
nothing with. They are required to maintain the property. They are
required to pay taxes on the property. Failure to do either, they
could forfeit the property back to the county.
All the home owner has to do is sit back and wait.
The land trust can't really break the property up because this may
then create "land locked properties" and there would be the need for
an easement, along with the county letting them subdivide the parcel.
(The county could decide not to let them subdivide the parcel and then
its an all or nothing deal.)
The best thing the land trust could do is to stop maintaining the
land. Stop paying taxes on the land, and write the whole thing off. |
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| Timothy |
Posted: Sat Aug 09, 2008 3:30 pm |
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On Aug 7, 7:13=A0am, kastnna <kast...@auburnalum.org> wrote:
Quote:
Legal matters partially aside, I don't think your company is as adept
at spotting "good investments" as you believe. So far, the profits
both you and the articles mention are nothing compared to the expenses
you're going to encounter when someone(s) stands up to fight you in
court. Investment profitability should incorporate ALL the reasonably
expected risks/expenses and legal fees should have been an obvious one.
They have spent some money on the Bigelow Drive/Tiki Drive piece
already. They wrote and sent out certified letters, which is
probably almost a hundred bucks right there. They hired a contractor
with as many as 20 workers in the crew to remove the sheds. They are
preparing to hire a video crew next time they send the contractor
back. They have run up some legal bills. And doubtless there are
other expenses. None of these expenses increases the sales price of
the property, if indeed they are actually trying to flip the property
for a profit rather than just making a point of some sort. |
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| Guest |
Posted: Sat Aug 09, 2008 3:30 pm |
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In misc.legal.moderated Dick Adams <rdadams@panix.com> wrote:
| It was my interpretation that the OP wanted to the Zoning Department
| to take action against the squatter as opposed to protecting
| themselves from inheriting a zoning violation. According to the OP,
| the Zoning Department took the position that they would take no
| action until the dispute was resolved.
What I would want to be sure if, if I was the owner of the land, is to
be sure I am not the one fined for having the shed on the property in
violation of zoning.
|> OTOH, a zoning violation for a shed? What kind of place is this?
|
| The shed is legally referred to as an out-building and is generally
| a hot topic.
I know that things like this are often prohibited in covenants. But
it seems odd that zoning would disallow it. Aside from the uppity
neighborhoods that tend to restrict everything through covenants, it
is a common thing to have a shed out-building for storing things like
gasoline for the lawn mower. I've also heard of very small towns that
make zoning rules much like covenants. Is this what we have here?
| Tax deed sales occur when attempts to collect the tax have
| failed. It is, therefore, a valid presumption that the
| new owner is assuming the risk of selling worthless property.
| In such cases, there is a high risk and a profit of 500% does
| not seem unreasonable to me.
When I looked at the location via Google satellite, it looked like at least
some homeowners had nothing of significance on the land. The shed was on
the part with the street access. If that one owner becomes willing to buy
and the others do not, then "the trust" is stuck with inaccessible land.
So it might be how long the lot owners are willing to hold out against a
profit of 500%.
|> I'd also hunt down the developer who originally sectioned
|> it off to find out why that was done (but it might be
|> something benign like an intent to build an alley that
|> was never followed through). I'd also explore my original
|> deed and land history to see if anyone made mistakes.
|
| That is excellent advice.
Unless the developer has filed bankruptcy, maybe the lot owners can find
some error on the part of the developer (like having represented the land
all the way to the residents on Tiki Drive was what was being sold) and
get him (through court action) to cough up what gets paid to "the trust"
to restore the land. But, again, this all depends, and probably needs a
lawyer for the lot owners involved.
--
|WARNING: Due to extreme spam, googlegroups.com is blocked. Due to ignorance |
| by the abuse department, bellsouth.net is blocked. If you post to |
| Usenet from these places, find another Usenet provider ASAP. |
| Phil Howard KA9WGN (email for humans: first name in lower case at ipal.net) | |
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| Guest |
Posted: Sun Aug 10, 2008 3:01 pm |
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In misc.legal.moderated phil-news-nospam@ipal.net wrote:
Quote: I know that things like this are often prohibited in covenants. But
it seems odd that zoning would disallow it. Aside from the uppity
neighborhoods that tend to restrict everything through covenants, it
is a common thing to have a shed out-building for storing things like
gasoline for the lawn mower. I've also heard of very small towns that
make zoning rules much like covenants. Is this what we have here?
It's also VERY common for zoning laws to say how close to the property line
an outbuilding can be (but not so common to ban them outright.) If the plot
is only 21' wide, then any building would be within 5' or so of one side or
the other and thus would, very possibly, be in violation. For example, here
in my county (not even in a city) they have to be more than 10' from the
property line.
--
Mike
-------------------------------
"Our enemies are innovative and resourceful, and so are we. They never stop
thinking about new ways to harm our country and our people, and neither do
we," George W. "Shrub" Bush Aug 5, 2004 |
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| Stuart Bronstein |
Posted: Sun Aug 10, 2008 3:01 pm |
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phil-news-nospam@ipal.net wrote:
Quote: Dick Adams <rdadams@panix.com> wrote:
| It was my interpretation that the OP wanted to the Zoning
| Department to take action against the squatter as opposed to
| protecting themselves from inheriting a zoning violation.
| According to the OP, the Zoning Department took the position that
| they would take no action until the dispute was resolved.
What I would want to be sure if, if I was the owner of the land,
is to be sure I am not the one fined for having the shed on the
property in violation of zoning.
I'm not a zoning expert, but my guess is that if there's a violation
and it's on property you own, it's your responsibility.
That doesn't mean you can just remove it, though. To be safe you
should have a court order. Possibly an abatement order by the county
would suffice, but it would be good to check with a local land planning
lawyer just to be sure.
Stu |
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| Robert Bonomi |
Posted: Sun Aug 10, 2008 3:01 pm |
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In article <j4ml94d126gelot1olqa702cv46r31nf5t@4ax.com>,
<prabbit2@shamrocksgf.com> wrote:
Quote: In misc.legal.moderated John A. Weeks III <john@johnweeks.com> wrote:
What I think you need to do is act on your own and assert your
rights of ownership. I'd suggest the following process:
I'd suggest that you quit giving the person bad advice.
1) tag each item you want moved with a letter stating that the
item is on your property, and the date by which it must be moved.
2) on that date, start moving stuff. Hire a bobcat from a rental
place and move the shed to a different part of the property.
That can get the person arrested. There might even be some sort of adverse
possession issue going on here.
I *REALLY* want to hear your explanation for how you came up with this
bright idea -- That adverse possession might take precedence over a tax lien
sale by the sovereign government.
"Inquiring minds want to know", applies -- with a vengeance!! The world is
simply rife with opportunities to capitalize on this technique. ) |
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| Cy Pres |
Posted: Mon Aug 11, 2008 3:19 pm |
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On Sun, 10 Aug 2008 07:01:58 -0400, bonomi@host122.r-bonomi.com
(Robert Bonomi) wrote:
Quote: In article <j4ml94d126gelot1olqa702cv46r31nf5t@4ax.com>,
prabbit2@shamrocksgf.com> wrote:
In misc.legal.moderated John A. Weeks III <john@johnweeks.com> wrote:
What I think you need to do is act on your own and assert your
rights of ownership. I'd suggest the following process:
I'd suggest that you quit giving the person bad advice.
1) tag each item you want moved with a letter stating that the
item is on your property, and the date by which it must be moved.
2) on that date, start moving stuff. Hire a bobcat from a rental
place and move the shed to a different part of the property.
That can get the person arrested. There might even be some sort of adverse
possession issue going on here.
I *REALLY* want to hear your explanation for how you came up with this
bright idea -- That adverse possession might take precedence over a tax lien
sale by the sovereign government.
Simple. (Hypothetically) whatever entity or thing owned the
strange-shaped strip of property lost it via adverse possession to the
surrounding property owners who had believed it to be theirs, treated
it as their back yard, mowed it, built sheds on it, paid taxes on the
value of their property, which included their back yard in its
assessed value, thus paying taxes to which the taxing authority would
no longer be entitled, having already collected them.
Then the taxing authority seizes the property from whatever previously
owned it, claiming delinquent taxes. The taxing authority has not
only collected taxes for the value of the property from the
surrounding landowners, and is therefore not entitled to it, but it
has also seized the property from an "owner" which no longer owns the
property, as the property now legally belongs to the surrounding
homeowners. Therefore, the taxing authority would have had to give
notice to the ACTUAL property owners to seize it. To seize it without
having done so denies due process rights to the real owners.
So: a) taxing authority has actually collected the taxes it claims
were delinquent, via the neighboring properties; b) taxing authority
seized property against an owner who no longer owned the property.
There's also the possibility of some prescriptive or other kind of
easement over the common property of the neighborhood. In that case,
the town would have been correct to seize the property, but that
property would be so encumbered with easements or servitudes as to be
effectively worthless on its own, and the surrounding homeowners would
be within their rights to continue using it as they had been
previously, although, again, they should be paying taxes on the
enhanced value of their property, i.e. property + the value of the
easement. |
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| Tim Smith |
Posted: Mon Aug 11, 2008 3:19 pm |
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In article <2rvq94l9062cjj8o1gvjdjvq4mogndtb0d@4ax.com>,
grendal <im_gumby@hotmail.com> wrote:
Quote: The bottom line, you walk in to court, saying that the property is
worth 1.5 million (not what you paid for it) and you want these people
off your land.
Why would he tell the court what he thinks the property is worth? I
don't recall any exception to trespass law that says trespass is OK if
the land is not worth a lot. It should be sufficient in court for him
to want them off his land, and for him to show proof that it *is* his
land.
--
--Tim Smith |
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| Tim Smith |
Posted: Mon Aug 11, 2008 3:19 pm |
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Guest
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In article <guld94hqm9n46tmd7uho3uesd6hlm0hft7@4ax.com>,
phil-news-nospam@ipal.net wrote:
Quote: | The Parcel is 580' by 21'.
Of what use is a narrow strip of land like that? Are you an owner or
He could build a house on it. Here's a 5 foot wide house:
<http://www.nyc-architecture.com/GON/GON005.htm>
and a 7 foot wide house:
<http://www.nytimes.com/2008/02/29/travel/escapes/29away.html>
--
--Tim Smith |
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| Dick Adams |
Posted: Mon Aug 11, 2008 3:20 pm |
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Guest
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Robert Bonomi <bonomi@host122.r-bonomi.com> wrote:
Quote: prabbit2@shamrocksgf.com> wrote:
John A. Weeks III <john@johnweeks.com> wrote:
What I think you need to do is act on your own and
assert your rights of ownership. I'd suggest the
following process:
I'd suggest that you quit giving the person bad advice.
1) tag each item you want moved with a letter stating
that the item is on your property, and the date by
which it must be moved.
2) on that date, start moving stuff. Hire a bobcat
from a rental place and move the shed to a different
part of the property.
That is really not an intelligent tactic. Doing so
without a court order can get you into serious legal
problems.
Quote: That can get the person arrested. There might even be
some sort of adverse possession issue going on here.
If there was an adverse possession issue going on, the
burden is upon the person claiming adverse possession to
bring a legal action against the owner of the property.
So if there was an adverse possession issue, the owner
would have been served notice.
Quote: I *REALLY* want to hear your explanation for how you
came up with this bright idea -- That adverse possession
might take precedence over a tax lien sale by the
sovereign government.
It does, but since the party in adverse possession
had an opportunity to purchase the tax deed and did
not do so, that party will have to buy the disputed
part of the tax deed from the owner of the tax deed.
Contrary to the misinformation spouted by midnight to
6am television infomercials, a tax deed does not give
you absolute ownership of real property. The prior
owner is generally given a statutory period in which
to recover the property from the purchaser of the tax
deed. Anyone who wishes to assert adverse possession
has rights fairly similar to the prior owner, but must
also assert those rights within the statutory period.
The general rule is that a tax lien sale tolls the
adverse possession clock. So if you have not meet the
adverse possession time requirement at the time of the
tax sale, you have to start over again. The adverse
possession time requirement in Florida is 7 years.
The OP's situation is not as convoluted as this thread
makes it out to be. He owns the land subject to the
repurchase rights of the prior owner and anyone who
qualifies for adverse possession.
Dick - I wouldn't even know where the Law School was if
it had not been across the street from my office
in the Business School. |
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| Dick Adams |
Posted: Mon Aug 11, 2008 3:20 pm |
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Stuart Bronstein <spamtrap@lexregia.com> wrote:
Quote: phil-news-nospam@ipal.net wrote:
Dick Adams <rdadams@panix.com> wrote:
It was my interpretation that the OP wanted to the Zoning
Department to take action against the squatter as opposed to
protecting themselves from inheriting a zoning violation.
According to the OP, the Zoning Department took the position
that they would take no action until the dispute was resolved.
What I would want to be sure if, if I was the owner of the land,
is to be sure I am not the one fined for having the shed on the
property in violation of zoning.
Since it's not your shed, you are not in violation.
your attorney could have told you that. Plus you
can't be fined unless you refuse to correct a zoning
violation after being given notice or you are an
habitual violator.
Quote: I'm not a zoning expert, but my guess is that if there's
a violation and it's on property you own, it's your
responsibility.
Think about this. You own a store with a large parking
lot adjacent to a residential area. You live 5 miles
from the store. You open the store at 9am and close it
at 6pm Mon-Fri. Without your knowledge or consent
someone parking a semi in your lot from 8pm to 6am and
doing so is a zoning violation. Are you responsible for
the zoning violation?
At most you should put up signs stating "No Parking after
6pm - Violators will be towed at their own expense" and
contract with a ruthless mercenary towing company to haul
the truck away. But still you did not create the violation.
My experience with Zoning Boards in three States is that
they are reluctant to do anything for fear of being sued
and perfer to have parties in dispute settle their
differences privately or in court.
Dick - I never was an attorney, but I have played one
in saloons when inebriated. |
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| John A. Weeks III |
Posted: Tue Aug 12, 2008 3:40 pm |
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In article <5180a4tn94trql8e86iapucn1ecd7ugnk3@4ax.com>,
rdadams@panix.com (Dick Adams) wrote:
Quote: Robert Bonomi <bonomi@host122.r-bonomi.com> wrote:
prabbit2@shamrocksgf.com> wrote:
John A. Weeks III <john@johnweeks.com> wrote:
What I think you need to do is act on your own and
assert your rights of ownership. I'd suggest the
following process:
I'd suggest that you quit giving the person bad advice.
1) tag each item you want moved with a letter stating
that the item is on your property, and the date by
which it must be moved.
2) on that date, start moving stuff. Hire a bobcat
from a rental place and move the shed to a different
part of the property.
That is really not an intelligent tactic. Doing so
without a court order can get you into serious legal
problems.
So far, the new owner has had a few moving companies
out there, and each time, the police come, and the moving
companies pack up and leave. And each time, the owner
doesn't know what happened.
What I want to do is have the owner recreate this step,
making it obvious that he does indeed own the land. If
it goes that far, I want the police to come so I can find
out what the police have been telling the other movers,
and find out what paperwork they need to allow the owner
to continue with the work.
I suspect that the police have simply been trying to defuse
the situation without knowing who really owns what. Now,
with the right paperwork, I suspect that there is a good
chance that the police will tell the homeowners that they
have to let the new land owner continue. If not, I at least
know what the police have been doing, and know what the
homeowners have been up to.
Notice I said to only try to move the shed to another
spot on the land, and not to tear it down or haul it away.
I just wanted to make the point that I was the owner and
I could do it if I wanted. The point here is that if
the homeowner really wanted to stop it, this was the
put up or back down point as far as legal action was
concerned.
If the new owner keeps backing down every time the police
show up, he is never going to get this situation resolved.
-john-
--
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John A. Weeks III 612-720-2854 john@johnweeks.com
Newave Communications http://www.johnweeks.com
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| Cy Pres |
Posted: Tue Aug 12, 2008 3:40 pm |
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On Mon, 11 Aug 2008 07:20:02 -0400, rdadams@panix.com (Dick Adams)
wrote:
Quote: If there was an adverse possession issue going on, the
burden is upon the person claiming adverse possession to
bring a legal action against the owner of the property.
So if there was an adverse possession issue, the owner
would have been served notice.
I disagree about that, because the (hypothetical) adverse possessors
are already in possession and resisting attempts to disseise.
Apparently, the local law enforcement authorities are on their side
and refusing to assist the sleazy entity claiming to own the property
in removing the locals from their own backyard.
Therefore, they don't have to do anything. The status quo favors
them. If the "Land Trust" wishes to have its rights established, they
are the ones who will have to take it to court. |
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