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NE South Dakota | We fought one adverse possession case. It was a minimum maintenance path on a county line. Guy thought he should own 33' wide by 1 mile (4 acres) in the adjoining county as his land.
When we bought the land the path had been pushed over to the fence. The survey revealed fence was 33 feet from property line/county line (township ROW is 66' in SD, so 33' is 1/2 of ROW). So fence was exactly where it should've been at edge of ROW. We removed fence and started cleaning it up and guy served papers.
At depositions we asked if he realized land was in next county, he was an out of state landowner and didn't really have an answer.
Our attorney figured in court there would be some compromise, we wouldn't have a win. We finally offered him some money making him think we were buying the land from him and left property line on county line.
My only hope is that his attorney bill was as much as we had invested in our attorney.
Good luck, it's a stupid law. I even asked my attorney "when would I feel right using this law to my advantage", didn't have a good example. | |
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Adverse possession
