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    RoseBudd's Avatar
    RoseBudd Posts: 6, Reputation: 1
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    #1

    Jul 18, 2007, 05:08 PM
    NJ vacant land, squatters rights
    We live in monmouth county and have an empty lot across from us. Since we have lived here 7 years, it has been mowed the first 3 years, then once for 2 years, and hasn't been mowed for the past 2 years. We want to know if we start taking care of that property and harvest some crops there would we have "squatters" rights after so many years, and how many, it has been for sale for just over a year but it being an irregular sized lot, there has been no bids, and the asking price is way above ours without a house on it, but it is over twice the size. But a narrow lot. Any advice?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jul 18, 2007, 05:24 PM
    The laws for adverse possession vary by state, but in general it would require more than just mowing it or growing some crops on it.

    And the length of times varies also, I am not up on your state, but in some it can be up to 15 years. And since it is for sale it looks like there is activity on the land. You can watch the tax office and see if the taxes are being paid. The risk you take is that with some crops planted, they come in and just mow over it, and you can't stop them. Or they can even sue you to put it back they way it was.
    RoseBudd's Avatar
    RoseBudd Posts: 6, Reputation: 1
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    #3

    Jul 24, 2007, 01:57 AM
    Since living here, us and our neighbor, across the street from us and right next to the property, has parked trucks, cars and trailers, including our '66 Baracudda there for months, one vehicle for well over a year. Trash has been dumped there and we have cleaned it up a number of times, as well as fallen tree limbs, and have not billed anyone for the cleanup. It does get to be a "trash heap" scenerio at the end of our block, I was told 18 years or so ago the whole street got together to clean the end of the block up here, but we don't have that unity here any more, but we have been cleaning up the trash and recycling the plastic and cans. As well as the tree limbs and branches.mowing has not been done for at least 2 years and we haven't checked on taxes as of yet. Monmoth County NJ, Long Branch, any additional info will be appreciated, TY, RoseBudd
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #4

    Jul 24, 2007, 05:44 AM
    You are talking about taking title to the property by adverse possession. One of the many requirements of adverse possession is that you use or improve the property to the exclusion of others. That means that you have to prevent other people from using it. If your neighbor has been using it as well as you then you don't have a claim by adverse possession.

    Also, if you and your neighbor have been parking cars and trucks on the property for a long period then you may not want the property. That's because cars and trucks leak oil and that oil seeps into the ground. If enough oil has gotten into the ground then you would have an environmental mess on your hands. In fact I strongly recommend that you get all of your vehicles off that property asap so that you can't be held responsible if it is later determined that there is environmental contamination there.
    RoseBudd's Avatar
    RoseBudd Posts: 6, Reputation: 1
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    #5

    Jul 26, 2007, 03:34 PM
    It is a neighbor we have been in business with for a # of years that parks his vehicles there, and has done so before we have moved there, and the company that mowed the lot has mowed around his vehicles. We have bought our property on 12/31/01, and have been in business since with that neighbor. Also others that park on that lot are our next door neighbor, our business partner's business vehicles and our business partner's brother-in-law's, as well as number of other landscape trailers over the years from some other neighbors. When ever it did get mowed, they never asked for anything to be moved or sent anything out as far as hazard wastes being leaked there. My husband also reminded me of when a cash register was found on that lot with $1 in it that was stolen from a local store in our area.which my husband called in to our local police department. Where we had lived before, our landlord had promised to mow the 3/4 acre we were renting from her, but she never did, was all verbal, we had gone out to pick wild raspberries there and in mid day I was getting eaten up by musquitos in the high grass. In most communities it is a requirement to cut grass that is over 8 inches tall because of those pests. As in our former rented property, and as well as this property, it is about 4 to 5 feet tall, all year, and we all know full well about West Niles. I just don't know the legel aspects if we can have rights to take this property legally as caretakers. And I mention again, we have been cleaning trash, recycling, and tree limbs, as well as cutting those tree limbs away that were felled in storms with chain saws.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jul 26, 2007, 04:59 PM
    You are still thinking too short term,

    Plus the current owner can sue you and the other party for damages to the property. They could show up and tow off everything on their property.

    If you build a house on it and live there, but no you are not going to get it this way.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jul 26, 2007, 05:04 PM
    If its been for sale for over a year, then make an offer on it. Offer what you feel you can afford, not what its listed for. If the offer is refused what have you lost?

    By the way, Lisa is a Real Estate atty in NJ, so I would take her advice as gospel on this. If you or your neighbor's use of the property has inhibited the owner's ability to sell it you can be sued.
    RoseBudd's Avatar
    RoseBudd Posts: 6, Reputation: 1
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    #8

    Jul 26, 2007, 05:38 PM
    In ability to sell?. at any one time there has only been 3 vehicles parked there at any one time at the most, except for when we had a Fathers Birthday combo party for my husbands father, and that is not likely to happen again unless at the age of 44 he gets adopted. We do have limited parking, but do not make a habit of parking on that property. I can even remember other neighbors storing their siding supplies there for up to 8 months. All this accures on the front 20 feet of prooperty, which is weed free cause of cars continually backing onto and turning around because our road and the one behind us has no outlet except to to the road they drove from, not to any other road. Which may be a total of 1/32 of a mile, big shortcut. As far as offering them a price, it is asseced at way more than what ours is but does and ours is just under 1/4 of that property's acreage. They do NOT upkeep the property and is a hazard as far as sketter hiding grounds during the day, and a dumping ground for anyone that wants to dump things they don't want to be charged for dunping, such as hazardouse waste, we dispose of ours in the proper way, we just did as we sold a home that had over 4 generations of items, antiques to papers to paints and oils. We wouldn'tn't think of dumping or soiling property near us as we have pets we love and care for that let out every day, that is why we bought our property here instead of moving into property that was paid off. This land is priced above our means but is not maintained.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Jul 26, 2007, 05:51 PM
    You ask for advice but you don't seem to want to listen to it.

    It doesn't matter what the property is appraised for. There is no law that says you have to offer the asking or appraised price for a piece of property. You can make any offer you want. They don't have to accept it, the worse that can happen is they refuse the offer.

    Nor does it matter how many people have used the property in what ways. If the owner can prove that your or anyone's use of the property has damaged the property or made it harder to sell, they can sue you.
    RoseBudd's Avatar
    RoseBudd Posts: 6, Reputation: 1
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    #10

    Jul 26, 2007, 05:53 PM
    May I add also that all vehciles had valid plates on them too... as far as ours and our neighbors next to us and across from us any way
    RoseBudd's Avatar
    RoseBudd Posts: 6, Reputation: 1
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    #11

    Jul 26, 2007, 05:55 PM
    Tyvm for your info, have a nice day

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