Tuesday, March 30, 2010

Clouded Title with a Chance of Encumbrances

Life is so ironic.

This is my personal post about our neighbor, Angie Lynn who at 11951 Miller Rd NE, Bainbridge Island, WA sued us for adverse possession. In fact, her lawsuit sparked the whole reason to create "End Adverse Possession Now."

Because of our neighbor-to-neighbor lawsuit of legalized land theft (aka adverse possession), my wife and I went through the same hell that thousands of people go through every year. It is for this reason, we know adverse possession so intimately and personally. No politician can appreciate having their land stolen until they experience a neighbor, like Angie, using such an arcane law to steal something that was never paid for.

But, I digress... the irony here is that we settled with Angie. Our lawsuit is over and done. Despite her claims of being a "good Christian woman" she was more interested in stealing our property than being a good neighbor. However, in the whole legal process of signing quit claims and boundary line adjustments, it appears that our mortgage now encumbrances HER title.

What's funny is that the land she fought to steal from us is now encumbered by our mortgage, which puts a cloud on her title. Normally, that might not be a big thing, but recently, she decided to put up for sale her house (and the land that she fought so hard to take from us).

But, as you and I know, most people won't buy a house with a cloudy title. It's a recipe for disaster.

Which brings me to the irony of it all. If Angie decided not to sue us for adverse possession, this whole thing would have never been a problem. But, because she thought the law gave her a right to take something that she didn't pay for, and now she's stuck with a property with a clouded title.

Good luck in selling that house. Maybe the lesson learned from all this is that greed and adverse possession is a sure fire recipe for problems to come. Another reason why adverse possession needs to end now.

1 comment:

  1. I would like to know more, I was wondering about the fact that I owe my mortgage co for my home and land, how can my neighbor who is threatening adverse possession, because she put up a fence and told us if we didnt like where it was get a survey, well long stroy shost, the survey is done many years later, not ten yrs I dont think because the fence wasnt there when I bought and that was just now ten yrs. Her fence was over on my side of the property 5' increasing to about 10' about 50' in length. Now she acts like I am the bad person because we took down the fence and neatly rolled it up and put it on her real property. The poles are still up thou because her attorney is threatening to sue for damages/ Twist, my neighbor is my Mom's identical twin sister who I love dearly and is a Christian so I thought.