Sharon Boone
[EMAIL PROTECTED]
-- "dfsavgny" <[EMAIL PROTECTED]> wrote:
--- In AsburyPark@yahoogroups.com, "Sharon G. Boone" <[EMAIL PROTECTED]>
wrote:
> out of Asbury Park and ask a Neptune Realtor about it. There is a
> disclaimer ,that if you don't cite the encroachment, after 10 years
the
> land, even if it's a sliver, becomes yours! That's the caveat! So
where
> is the code enforcer or whoever is in charge
>
Sharon, you are talking about Adverse Possession, a very complex legal
issue. It is not so easy as that and courts rarely, if ever, award
adverse possession. There is a criteria to accomplish it, which is
difficult, if not impossible, to meet.
I will leave planning, etc. to Werner, but he is wrong on the law and
property rights. We are talking about property rights, and we are using
the short hand of PROPERTY. Well under that definition, yes whatever
rights-of-way (ROW)the City may have over private property those rights
can be considered PUBLIC PROPERTY. However, what I am saying is that
every right in PROPERTY, when it is less than fee simple, is
specifically delineated in a contract or agreement. Assumedly, Bradely
or the founders, when selling the tractss either RESERVED some rights
for the public in or over PRIVATE PROPERTY or the City later acquired
those rights. Whatever the case may be, those rights, now referred
herein as PUBLIC PROPERTY (more specifically, public rights in private
property) are clearly delineated and limited in some document(s) or
agreement(s). You have to know what those rights, or their limitations
are. You just can;t say it is public property and private property
owners cannot do anything with their own property. If the public
abridges or increases its RIGHT (or property)in or over private
property, then it is a taking and the Constitution requires just
compensation. As I said before, the PUBLIC can regulate PRIVATE
property through zoning, police powers, etc., which, if they are not
considered confiscatory, are not takings and do not require
compensation. If you want to regulate fences, pass a law for godssakes,
but don't tell me I don;t own the property. I I didn't, I wouldn't be
paying taxes on it. Werner is as wrong as wrong can be.
------------------------ Yahoo! Groups Sponsor --------------------~-->
Get fast access to your favorite Yahoo! Groups. Make Yahoo! your home page
http://us.click.yahoo.com/dpRU5A/wUILAA/yQLSAA/Y2tolB/TM
--------------------------------------------------------------------~->
Yahoo! Groups Links
<*> To visit your group on the web, go to:
http://groups.yahoo.com/group/AsburyPark/
<*> To unsubscribe from this group, send an email to:
[EMAIL PROTECTED]
<*> Your use of Yahoo! Groups is subject to:
http://docs.yahoo.com/info/terms/
YAHOO! GROUPS LINKS
- Visit your group "AsburyPark" on the web.
- To unsubscribe from this group, send an email to:
[EMAIL PROTECTED]
- Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
