Subject: Marshall Fence on Marshall Property
Comment by Jan Thursday, June 19, 2008, 12:30 PM
Adverse possession was not intended for surveyed subdivisions located within
city limits. The basis of our property laws and property taxes rely on the surveyed results and the title insurance that warrants our property. If we can't rely on that, there is little we can rely on, especially in the presence of some fancy legal footwork and lies.
Jim Sherman lived at the property on Mariposa for 28 years, paid taxes on the land and the improvement (i.e., the fence in dispute in the Salim/Marshall case). Sherman was the owner in title, he had seen the property pins when he purchased the property and was even give fence slats to use to maintain it, courtesy of the previous owner, who had built it and had leftovers. Every survey has shown the fence to be clearly on his property by some 8-16". It was his fence and he maintained it for all 28 years. Indeed, it would be almost impossible for the neighbor in the back to maintain
it as he claimed, since the finished side of the fence faces the Sherman's backyard, there was no gate for access to the other side and the other side is a tangle of dense growth, leading down to a creek. There are witnesses who testified to Mr. Sherman's maintenance of the fence. No one ever saw Mr. Salim repair the fence. There is only his word that he made repairs, a claim that was completely unbeknownst to anyone until recently.
If this claim stands, it means that anyone can come forward and claim to have been maintaining your fence, whether you ever saw evidence of that or not, and be awarded your fence and your property.
It's hard to understand Mr. Salim's privacy issue, if you check it out you'll see a dense thicket of growth between the houses, equally as effective as a 6 ft, 45 year old, funky and deteriorating privacy fence and infinitely more attractive, green and wetlands friendly. But that of course, is beside the point. The point being, it was the Marshalls fence on her property: hers to do with as she pleases.
Comment by Jan Thursday, June 19, 2008, 12:30 PM
Adverse possession was not intended for surveyed subdivisions located within
city limits. The basis of our property laws and property taxes rely on the surveyed results and the title insurance that warrants our property. If we can't rely on that, there is little we can rely on, especially in the presence of some fancy legal footwork and lies.
Jim Sherman lived at the property on Mariposa for 28 years, paid taxes on the land and the improvement (i.e., the fence in dispute in the Salim/Marshall case). Sherman was the owner in title, he had seen the property pins when he purchased the property and was even give fence slats to use to maintain it, courtesy of the previous owner, who had built it and had leftovers. Every survey has shown the fence to be clearly on his property by some 8-16". It was his fence and he maintained it for all 28 years. Indeed, it would be almost impossible for the neighbor in the back to maintain
it as he claimed, since the finished side of the fence faces the Sherman's backyard, there was no gate for access to the other side and the other side is a tangle of dense growth, leading down to a creek. There are witnesses who testified to Mr. Sherman's maintenance of the fence. No one ever saw Mr. Salim repair the fence. There is only his word that he made repairs, a claim that was completely unbeknownst to anyone until recently.
If this claim stands, it means that anyone can come forward and claim to have been maintaining your fence, whether you ever saw evidence of that or not, and be awarded your fence and your property.
It's hard to understand Mr. Salim's privacy issue, if you check it out you'll see a dense thicket of growth between the houses, equally as effective as a 6 ft, 45 year old, funky and deteriorating privacy fence and infinitely more attractive, green and wetlands friendly. But that of course, is beside the point. The point being, it was the Marshalls fence on her property: hers to do with as she pleases.
Counter Totals
