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  #11  
Old 11-12-2007, 11:08 PM
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From the web page...Listening to the guy on the radio talk about how much he has paid over the years in property taxes (IIRC he said ~16K/year, possibly per lot, not sure) and $65/month per lot for HOA dues. That is a lot of coin paid out to have some judge decide to give a 1/3 of one of your lots to the neighbor because they made some paths and plopped some wood down on your property ...Oh, and to add insult to injury I believe the guy said that now the retired judge is going after them for the legal fees

ADVERSE POSSESSION

In common law, adverse possession is the process by which title to another's real property is acquired without compensation, by, as the name suggests, holding the property in a manner that conflicts with the true owner's rights for a specified period of time. When an individual, not the owner, takes actual possession of the property, hostile to, and without the consent of the owner. The law of adverse possession is partly statutory and partly common law. The required period of uninterrupted possession arises out of a statutory limitation period or statute of limitations. Other elements of adverse possession are judicial constructs.

Now the way I was raised, with good old American morals and values, we call this STEALING!
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  #12  
Old 11-12-2007, 11:37 PM
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ADVERSE POSSESSION?

I think our second amendment right should allow for "AGRESSIVE REPOSSESION of ADVERSE POSESSION."

Absurd... nearly unbelievable.

Po' Sucka'
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  #13  
Old 11-13-2007, 12:02 AM
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welcome to the republic of boulder
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  #14  
Old 11-13-2007, 01:49 AM
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It gets better as it appears some shady shenigans were going on behind the scenes as well leading up to this...Once the property owner found out what the retired judge was up to (via a fellow neighbor at their son's high school football game) the owner decided to put up a fence on the property line.

The fence builder was building the fence and around 3:00pm on a Friday afternoon the retired judge came out and told them to stop building the fence as he was getting a temporary retraining order and taking the issue to court. This retired judge was able to get the "TRO" within a couple hours, signed after 5:00pm on a Friday. Apparently getting a TRO typically takes the typical person a week or more to get...

I haven't heard the retired judge's side of the story but I'm not sure what they could possibly say to make me agree with their side. I think this tidbit from the above site sort of spells it out:

"The home adjacent to the Kirlin's is owned by Edith Stevens and Richard McLean. They apparently planted so extensively on their property that easy access to their back deck and yard was difficult. Somehow the two decided they would use their neighbors' property and created what they and Judge Klein call "Edie's Path." In addition to "Edie's Path" Richard apparently created his own access across his neighbor's property — also without permission. "Dick's Path" allowed him to move a lawnmower from his garage to the back yard."


Bottom line now these people are looking at spending $300K to get their land back (if they go through with an appeal) with no guarantees that will happen.
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  #15  
Old 11-13-2007, 10:36 AM
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Wow. That judge should be ashamed of himself. It was a small lot to begin with. They knew they were trespassing from day one. They should have offered to buy the lot rather than using their legal know-how to steal it.
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  #16  
Old 11-13-2007, 10:52 AM
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A good law with a very long history to resolve specific situations, twisted by someone with legal cunning to his own benefit. Yep, that fuels cynicism about the legal system for sure.
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Old 11-13-2007, 11:17 AM
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Quote:
Originally Posted by nuclearlemon View Post
welcome to the republic of boulder
no...
Quote:
Originally Posted by 60wag
Its actually got nothing to do with "Boulder" per se. Its a state law. There was a nice editorial in the paper today pointing out how Bob Greenlee, the local conservative pundit, was trying to twist it into something the progressives had created.
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  #18  
Old 11-13-2007, 11:20 AM
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Well... anybody have a link to Greenlee's actual article? Hate to harpoon a guy on third hand info just based on political perspective.

That wouldn't be a progressive approach at all...
(Billy make a funny...)
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  #19  
Old 11-13-2007, 01:17 PM
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The following is the text of Greenlee's column. After it is a link to a response to the column.



Greenlee: Trespassers have rights
By Bob Greenlee
Sunday, November 4, 2007

Most of us would like to believe that when we own property and pay taxes on it, a reasonable assumption is that no one else can claim it as theirs. Unless you live in a "progressive" community like Boulder, where common sense is occasionally as rare as a conservative's view of private property rights.

Twenty-three years ago, Don and Susie Kirlin purchased two undeveloped lots in Boulder's Shanahan Ridge. They were considering whether to build a home on their property or sell one or both lots sometime later. Last month a portion of their property was taken away by District Court Judge James C. Klein and given to neighbors under the legal doctrine called "adverse possession." If you've never heard this term before, it's likely you're not a clever lawyer who knows how to manipulate "the law" for personal gain at someone else's expense.

The home adjacent to the Kirlin's is owned by Edith Stevens and Richard McLean. They apparently planted so extensively on their property that easy access to their back deck and yard was difficult. Somehow the two decided they would use their neighbors' property and created what they and Judge Klein call "Edie's Path." In addition to "Edie's Path" Richard apparently created his own access across his neighbor's property — also without permission. "Dick's Path" allowed him to move a lawnmower from his garage to the back yard. Court testimony indicates McLean and Stevens also held a number of summer events on their neighbors' property and moved a wood pile on it.

McLean testified that: "No one interfered with (their) use of the disputed property" and goes on to say that neither he nor Stevens asked for permission to use the property and that they both knew the property was some else's. In addition they admit using the property "openly, continuously and notoriously for 25 years." They simply admit to trespassing on property that wasn't theirs and on which they had no legal right to claim as theirs. Seems pretty clear-cut. Unless, of course, you know the legal tricks of claiming "adverse possession." Stevens and McLean are both lawyers, and McLean is a former judge and once served as Boulder's elected representative on the Regional Transportation District's board of directors.

According to court documents, the concept of adverse possession "is a method of acquiring title to an interest in land without the consent and typically over the objection of the true owner." Interesting concept. But if you ever find yourself in a court of law, you'll soon discover that up can suddenly become down, black becomes white, and common sense disappears as quickly as walking through a metal detector on the way to never-never-land.

The case clearly established that Stevens and McLean trespassed on their neighbor's property over a long-enough period and were therefore legally entitled to a portion of it. Free. Without paying rent or taxes. What a deal!

According to the judge, an initial presumption of ownership is in favor of the "record title holder." Just to sway things against rightful property owners, however, court documents indicate that after a period of time, anyone can claim land as theirs simply by forming "a personal attachment that is stronger that the true owner's attachment."

Really? In addition, when another person's use of a property goes unchallenged over a long period of time, the "use it or lose it" doctrine prevails. According to Judge Klein's final order, title must now be transferred from the lawful taxpaying owners to their trespassing neighbors because of their "strong attachment" to it.

If any of this makes a lot of sense to you, it's obvious you're far more "progressive" than I'll ever hope to be.

Bob Greenlee can be reached at: robertdgreenlee@aol.com.

This is a response to the column:
http://www.dailycamera.com/news/2007...line---12elet/
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  #20  
Old 11-13-2007, 01:59 PM
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Quote:
Originally Posted by 60wag View Post
This is a good response. I quit reading Greenlee's columns awhile ago, because they all seemed to be the griping of an uninformed grumpy old man.

Its very scary that buying a property and paying taxes and dues isn't enough to actually own it when it comes right down to the law.

And for the record, the Boulder way of doing things would have been to take the unused property, turn it into a park, hold a "be-in" to honor all the trees and shrubs, and then drive our 300+hp Audi station wagons to Pearl Street where we can double park while we wait in line at the Trident to get our triple lattes while we complain about the cost of our new Birkenstocks. All this on the way to our rock gym, so we can be climbers but not actually get out into the dirt. That's my opinion.
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