>From: "Andi MacDonald" <andimac@oz.net> >Reply-To: INPCRP-L@rootsweb.com >To: INPCRP-L@rootsweb.com >Subject: Re: [INPCRP] "Adverse possession" >Date: Mon, 4 Feb 2002 07:52:12 -0800 > >Adverse possession can be completed by.... > >...building a fence over the property line and after a certain number of >years going to court and claiming the property on your side of the illegaly >built fence is yours. If the real owner never contacted you to make you >take down or move the fence back onto your property, the courts would >probably give you the slice of property and your property boundary would be >moved to the fence line. > >...storing equipment on someone else's property and basically using it for >a >certain number of years during which time the owner never made you move the >stuff off the property (by letter, by attorney, by lawsuit, by whatever >means). After using the property for a certain number of years, going to >court and asking the judge to give you the property. > >Yes, these happen all the time! Usually neighbors take fence disputes to >court. Unfortunately, for cemeteries, especially if "abandoned" (not >legally owned by anyone), anyone can use the property and then go to court >and take ownership through adverse possession. > >There is a good side, though, for us in Washington state. We have built >into the law that cemeteries may NOT be taken through adverse possession. >It's a very small one or two line paragraph that is not worded in a way >that >a layman would understand the meaning. It took a court case over this very >thing, for me to find out about the law from an attorney. > >-------------- >Andrea D. MacDonald "Andi" >andimac@oz.net > >Washington State Cemetery Association >http://www.rootsweb.com/~wapsgs/ > >"Never doubt that a small group of thoughtful committed citizens can change >the world. Indeed it's the only thing that ever has." Margaret Mead > > > >----- Original Message ----- >From: "Lois Mauk" <loismauk@home.com> >To: <INPCRP-L@rootsweb.com> >Sent: Saturday, February 02, 2002 7:33 AM >Subject: [INPCRP] "Adverse possession" > > > > Do any of you have any knowledge or experience concerning "adverse > > possession" with respect to cemeteries? > > > > Scenario: A cemetery is mentioned in vague terms on an old deed (no >metes > > and bounds cited, just a reference to its size, etc.). The stones all > > vanished decades ago. Now the property is "ripe for development" and >the > > cemetery location cannot or has not been precised determined. The > > developer/property owner now claims ownership via "adverse possession". > > > > Your thoughts or experience? > > > > Lois > > > > > > > > > > ==== INPCRP Mailing List ==== > > To UNSUBSCRIBE, send message consisting only of > > "UNSUBSCRIBE" to INPCRP-L-REQUEST@rootsweb.com > > or to INPCRP-D-REQUEST@rootsweb.com (for DIGEST version) > > > > > > > > >==== INPCRP Mailing List ==== >THIS IS A CEMETERY ----- > "Lives are commemorated - deaths are recorded - families >are reunited - memories are made tangible - and love is >undisguised. This is a cemetery. > "Communities accord respect, families bestow reverence, >historians seek information and our heritage is thereby enriched. > "Testimonies of devotion, pride and remembrance are carved >in stone to pay warm tribute to accomplishments and to the life - >not the death - of a loved one. The cemetery is homeland for family >memorials that are a sustaining source of comfort to the living. > "A cemetery is a history of people - a perpetual record of >yesterday and sanctuary of peace and quiet today. A cemetery >exists because every life is worth loving and remembering - always." > --Author unknown -- Seen at a monument dealer in West Union, IA > The term "abandoned cemetery" somehow bothers me. In fact, the definition of abandoned by the State of Indiana in their code as it refers to property, etc. and especially by the IDNR with respect to cemeteries, coal mines, oil wells, etc. bothers me. They seem to believe that if no one is using it or operating it or tending to it, it is termed abandoned even though there might be taxes paid on it, bonds covering it or in general an intent to return to use it. In my opinion, abandon means to walk off and leave it for someone else's benefit. Hardly the case for a cemetery. Those poor souls who are buried there did so with eternity in mind and they damn sure aren't going to walk off and leave it, especially for someone else. That is, if dead people have rights. We know, on occassion, they do in fact vote. Unlike personal property, all real property is owned by someone, somewhere, somehow and the State has procedures for one to transfer or claim that property to another. The term "no-man's land" is a misnomer. With regard to unattended cemeteries, there seems to be some confusion between the term abandoned and neglect. If the bodies are still present, I don't know how it could be termed abandoned. Rich Kimball _________________________________________________________________ Chat with friends online, try MSN Messenger: http://messenger.msn.com