 Amherst WI | swampbuster - 3/29/2025 10:23
Adverse possession is an archaic law that has become a license to lie and steal property by manipulating property lines. With gps, gis and cell phones you think this would eliminate any questions where a property line is but it actually lets your neighbor know what "to take". Maintaining and developing are 2 common methods of adverse possession. My family just went through this on a neighbors house that I installed waterways around 20 years ago when we bought this 40 acres. My lawyer warned me it would be a uphill battle because your neighbors have a 20 year head start on taking you to the cleaners. An example in northern Wisconsin he showed me was where a landowner had 360 acres of hunting land. 17 acres was across a swamp. People on the otherside developed atv trails and permanent tree stands. Want to guess who won ? In my case these were neighbors I rented from that I got along with. But the day 20 years was up I got filed on by sheriff deputy. The next day they served papers on my wife. The next day they served papers on my bank, Farm Credit. This was attempt to bully me into settling out of court. 10k later we lost. We never made it to court as the judge suggested a mediator first. When the mediator came into our room to speak with me, my wife and my laywer the day of the hearing, he was shaking his head, then he said your screwed. "Your 20 years late to the party." Since then I have found out about 2 other farmers in my county going through this. And a family friend near LaCrosse. As neighbors and lawyers find out how easy this is, I'm afraid it will get worse. So I have a new goal in life. Bring this up to all farm and hunting groups as I think woodland is at a higher risk than farmland. Legal descriptions and survey stakes don't cut it without a barb wire fence. I have 8 other homes and a church that I have grass waterways around that they do some mowing. I'm going to have them sign a permit and pay me a penny per year. I can't print on here what I wanted to call the permit in honor of my crooked neighbor. I decided to call it a "89-10". Short for the last three 10 Commandments :) I wish you the best and good luck !
I understand your frustration, Darrell.
Every time we have bought property, we have had it surveyed. I don't care where the lines are, but they need to be somewhere, and you would think a professional with sub inch equipment would be able to dial it in pretty darn close. You do all this just to find out the neighbor doesn't care what a survey says that cost us several thousand dollars. I find it stunning that it's 2025 and we are going to argue that some fella with 1940's era equipment was more correct than modern GPS equipment. We also don't know if back whenever they put the fence up if they put it where they did to avoid some big trees or boulders that may have been there at the time.
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