Neighbor is claiming part of our property again!!!?

Question

I'll try to make a long story short.  Neighbor claimed part of our property on the grounds of adverse possession.  We had the deeds and the land survey that showed where we owned the parcel in question.  Neighbor's sued us for the land and mega-bucks of money.  We went to court and they lost their case.  We installed a privacy fence "inside" the survey line making sure to get a proper building permit for our area.  We checked with the tax office, our lawyer and the code enforcement officer, plus the police department.  No problem...put up your fence....which we did.  Now 4 years later we our getting another court summons saying the neighbor is laying claim to this land again.  This time claiming there is no clear title to the land.  We went and had our title searched and the title company comes back and says the land traces back to us.  Now, my question would be this.....Can a court give this land to the neighbor just because they are standing their beating their chests saying, "It's mine" overruling our survey, deeds and title search which shows this land is ours???  We have paid taxes on this land for almost 30 years, where they have not.  This seems like a crappy time of year to be pulling this, but what else to I expect.  Plus, these neighbor's don't even live on their own property...they live somewhere else all together.  I am just so aggravated about this and just want to be left alone.  What to do...Our lawyer doesn't even know what they are trying to prove.

Anonymous · Accepted Answer

Your documents from the survey, and the report from the title company should be enough proof to win your case again. Plus, the ruling of the first court hearing will be to your advantage. 

I recommend you talk to your attorney about counter suing your neighbors. Sue for legal fees, and money for the time and expense of gathering the documents to prove your case. It sounds like they are trying to screw you and the only way to stop it once and for all is to make it hurt them when they file frivolous lawsuits.

Sprinter · Answer

I agree with the previous post.  It doesn't sound like your neighbor has a good case at all and you should consider counter-suing for fees.

Adverse possession is a legitimate argument but not a likely one in this situation.  When I was in Law class my professor explained how the US government made that rule up because of all the disputes between native americans who claimed ownership of land and those who "paid" for it or held title.

momof1 · Answer

I agree 100% with SmartA$$.  

I think the past court dealings along with all the documents you have is more than enough proof.  

I am one to typically never suggest lawsuits, but this neighbor isn't getting the point across.  He is costing you a lot of time and money and stress.  I would make it enough that you get your point across one last time.  Talk to your lawyer and make it worth his time as well.

? · Answer

Your going to ought to seek for suggestion out of your housing association in this one, because as you comprehend once you signal into an section like this you signal away quite some your rights. In the different project you should get your acquaintances for trespassing and destruction of inner most resources. First pass to the association and get the community rules in writing then seek for suggestion from a criminal specialist. i'm sorry your acquaintances did not tutor hardship-free decentcy and plan adjustments with you. sturdy success

Landlord · Answer

Since this was already heard they do not have a right to sue a second time.    Have your lawyer write up a court partition to dismiss based on the previous law suit.

ibu guru · Answer

See your attorney immediately and see about counter-claiming for harassment, nuisance, legal fees, etc.  They lost once and are suing again?  That's ridiculous!  Go after these people with all available legal tools.

golferwhoworks · Answer

I agree with all other answers here but If at all possible sue them adding a million in punitive damages as well for frivolous suite if you can

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Neighbor is claiming part of our property again!!!?

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