[TowerTalk] elements hang over lotline

[Stu Greene]

At 06:53 PM 8/24/00 -0700, you wrote:
>Oh no!!! A lawyer! ;-)

yup


>True but seeing it there doesn't necessarily mean the new land owner
>approves of it.  In my previous life I moved 3 different transmission
>structures because the conductor would encroach onto land outside of the
>easement during high wind conditions.  The new land owner did not approve of
>the line to begin with and his lawyer found a little known statute that said
>in part that upon transfer of ownership any existing encroachments were open
>to redress. Washington State has some unique land laws pertaining to
>encroachments.....I assume they copied them from other states.

Not necessarily. According to common law, which applies to all states 
unless modified by statute,  an equitable statute of limitations 
exists.  For example, you are the record owner of parcel 1 in subdivision 
32B blah blah blah.  For twenty years I, as the owner of parcel 2, claim 
parcel 1, develop it, pay the taxes on it and keep everyone off.  That's 
governed by the law of adverse possession...I recall that the period under 
common law was 14 years, and it varies by state.  I bring an action to 
quiet title and guess what:  I win.

In the case of the antenna overhang, it's not adverse possession but a 
license to use, an easement if you will.  Example:  I used to live in 
Chappaqua, NY (new home of Slick Willie) and for at least a generation kids 
cut through a path from our street to the next subdivision where the school 
bus ran.  Guess what.  The owner died and the new owners called the cops on 
the kids.  It ended up quite rapidly in Supreme Court, Westchester 
County  and then in the Appellate Division, Second Department which 
affirmed the trial court's ruling that estoppel had set in and the path had 
become a public right of way.  The judgment obviously is a matter of record 
and subsequent owners would discover the right of way in the title report 
or by looking out the window and watching the kids.

Ain't law grand?


>I totally agree that this is better handled outside of litigation.
me too

73   Stu


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