198 Year Land Lease

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  • #614858
    GolemGorilla
    Member

    What would be the best course of action be if ur next door neighbor illegally leased 200ft of land from ur backyard to build a double fence on his backyard, by going to the land office and for $10 there, u can get a 99 year lease on the land, he spent $20 to get a 198 year lease on the land.

    #1059718
    TheGoq
    Participant

    If they sold it to him i guess its legal.

    #1059719
    GolemGorilla
    Member

    the goq If they sold it to him i guess its legal.

    It is technically “legal”, the reason he got the 200ft of land thru the land office was because the neighbor across the street was a lawyer and he used her advise on how he could get the 200ft of land, without letting the next door neighbor know about it at all, she told him two ways he could get the land that way, the first way go file a neighborhood petition, which means he would have to convince everyone in the whole entire neighborhood to sign the petition saying he gets to have the 200ft of land, or he could just go down to the land office and pay $10 to get a 99 year lease on the land, he opted for the second way to get the 200ft of land, and paid $20 at the land office to get a 198 year lease on the land.

    #1059720
    akuperma
    Participant

    Unless you sold him the land, his claim be challenged, and you have until the memory of man runneth not to the contrary, which in most American states is 20 years (but some are less). You may be unable to use the small claims court since many states would require this action to be brought in a court of general jurisdiction since it is an action to determine ownership of land. If you are in the US, you need to check your deed (in some countries you’ll need to check an official registry). In any event you need a lawyer. Disputes over land are hardly unheard of, in part since even when buying a house many purchasers don’t have the property surveyed. If you have title insurance, you might also file a claim since if your deed included the land, they are required to defend your claim.

    P.S. Your reference to a “land office” suggests you are not in US, since a central land office sounds like a Torrens system – so contact a lawyer in your jurisdiction. Anyone who handles real estate matters should be competent to deal with this.

    #1059721
    oomis
    Participant

    Get legal advice ASAP,because when someone claims part of your property and you say and do nothing, after a certain amount of time, it can legally becomes theirs. This happens most often when fencing is being installed, inadvertently over someone’s property line.

    #1059722
    Participant

    I’m confused. Are you saying that no one (including you) previously had title to your back yard and now your neighbor leased it from the public/state/government/crown?

    #1059723
    GolemGorilla
    Member

    akuperma Unless you sold him the land, his claim be challenged, and you have until the memory of man runneth not to the contrary, which in most American states is 20 years (but some are less). You may be unable to use the small claims court since many states would require this action to be brought in a court of general jurisdiction since it is an action to determine ownership of land. If you are in the US, you need to check your deed (in some countries you’ll need to check an official registry). In any event you need a lawyer. Disputes over land are hardly unheard of, in part since even when buying a house many purchasers don’t have the property surveyed. If you have title insurance, you might also file a claim since if your deed included the land, they are required to defend your claim.

    P.S. Your reference to a “land office” suggests you are not in US, since a central land office sounds like a Torrens system – so contact a lawyer in your jurisdiction. Anyone who handles real estate matters should be competent to deal with this.

    This happened in the USA. A lawyer was already gotten but unfortunately the neighbor knew the judge and he ruled in the neighbor’s favor, the judge’s exact words when I first walked into the courtroom for the very first time was ” how long will this procession be, I have a lunch date at 1:00pm”, part of the problem with the situation is my neighbor thinks he is entitled to the 200ft of land in my backyard is because he was best friends with the former owner of the house, the former owner of the house wanted him to have the 200ft of land, even after he sold me the house, so they did a back door deal, that the neighbor gets the 200ft of land, without me even knowing anything about it at all.

    #1059724
    Participant

    So who is the fee simple absolute owner?

    #1059725

    Personally, I’d take this about as seriously as “If u created Google,”

    “Being a counter-missionary,” and “Is cloning allowed.”

    #1059726
    GolemGorilla
    Member

    dash So who is the fee simple absolute owner?

    Unfortunately technically my neighbor is the owner of the 200ft of my backyard for the next 198 years.

    #1059727
    Joseph
    Participant

    Why didn’t you outright own the backyard immediately when you bought the house? How did the former owner of the house still own part of the property after you bought it off him?

    #1059728

    You own the property as it is described in whatever documents were

    involved in its sale to you, and no back-door deal can change that.

    Perhaps you meant to say “What would be the best course of action be if ur next door neighbor legally leased 200ft of land from ur backyard to build a double fence on his backyard, by going to the land office and for $10 there, u can get a 99 year lease on the land, he spent $20 to get a 198 year lease on the land?”

    #1059729
    GolemGorilla
    Member

    You own the property as it is described in whatever documents were

    involved in its sale to you, and no back-door deal can change that.

    Perhaps you meant to say “What would be the best course of action be if ur next door neighbor legally leased 200ft of land from ur backyard to build a double fence on his backyard, by going to the land office and for $10 there, u can get a 99 year lease on the land, he spent $20 to get a 198 year lease on the land?”

    Comlink-X U are right in a certain way, but unfortunately there is a loop hole in the land ownership law in the state where I lived that u can technically lease land from the owner of the house, without the owner of the house knowing about it at all, by going to the land office and getting a 198 year lease for $20.

    #1059730
    Joseph
    Participant

    You’re saying that you own the land but this other guy leased from the State for $20 land that you legally own? This sounds highly dubious.

    #1059731
    Participant

    Unfortunately technically my neighbor is the owner of the 200ft of my backyard for the next 198 years.

    No, at most he’s a leaseowner. Who is the permanent owner? And what about the rest of your property?

    Did the previous owner give you the deed for the entire property or was that 200ft carved out before you got it?

    Are you on Native American land?

    #1059732
    GolemGorilla
    Member

    lior You’re saying that you own the land but this other guy leased from the State for $20 land that you legally own? This sounds highly dubious.

    It’s a state land ownership law, to me it doesn’t make sense either, it’s kinda like the ridiculous gasoline law in NJ, that u can’t fill up ur own car with gasoline at a gas station, that instead u have to have a gasoline attendant at the gasoline station fill up ur car for u.

    #1059733
    GolemGorilla
    Member

    Unfortunately technically my neighbor is the owner of the 200ft of my backyard for the next 198 years.

    dash No, at most he’s a leaseowner. Who is the permanent owner? And what about the rest of your property?

    Did the previous owner give you the deed for the entire property or was that 200ft carved out before you got it?

    Are you on Native American land?

    I am permanent owner of the 200ft of land after my neighbor’s 198 year lease is done, I am the permanent owner of the rest of my property, the former owner of my house just gave me the deed to the property, no.

    #1059734
    popa_bar_abba
    Participant

    It’s a moshol.

    The land is Israel, and the zionists leased it from us by asking the UN.

    (And the thread gets interesting)

    #1059735
    ☕ DaasYochid ☕
    Participant

    Troll

    #1059736
    GolemGorilla
    Member

    popa_bar_abba It’s a moshol.

    The land is Israel, and the zionists leased it from us by asking the UN.

    (And the thread gets interesting)

    It’s not a moshol, this really happened to me.

    #1059737
    popa_bar_abba
    Participant

    It’s not a moshol, this really happened to me.

    And that is how every Jew should feel. I’m proud of you.

    #1059738
    akuperma
    Participant

    Popa bar Abba: In Israel the problem is that most Jews turned down the opportunity to return when offered, and the Arabs then moved in (we welcomed them as liberators – it was the Romans they expelled). The Arabs have been there for over a millenia (compare that to America where even in downtown Jamestown, Europeans have been living there for barely 400 years). In no other country has a claim of indigenous peoples been taken seriously when the dispossesion occured so far back.

    GolemGorilla: You have a malpractice claim against your lawyer if he didn’t appeal to the next highest court. And as long as you sue (file a lis pendens) you can probably block the other side from selling or mortgaging the property since the person won’t have clear title. From your description of the legal system, it seems you don’t know much about law and have been exploited.

    #1059739
    popa_bar_abba
    Participant

    akuperma:

    Thanks, that doubled down pretty well on my anti-zionist post.

    (Also–no idea what you’re talking about. Rome fell far before the Mohammedian conquest.)

    (Also–no idea what you’re talking about. Find me one analogous situation in the whole history of the world where an indigenous people has managed to reclaim land after 2000 years, and then their right to retain it was challenged as you are suggesting it should be challenged.)

    (Also–no idea what you’re talking about. It is per se malpractice to not appeal a ruling of a lower court? How now?)

    (Also–no idea what you’re talking about. He hasn’t even said what jurisdiction he is in, and you’re saying he is ignorant of the law? Are you so familiar with the law in every jurisdiction in the U.S.? Amazing.)

    (Also–sorry for going ape on you in this post. Once I’m on a roll it’s hard to stop. Good shabbos!)

    #1059740
    GolemGorilla
    Member

    Popa bar Abba: In Israel the problem is that most Jews turned down the opportunity to return when offered, and the Arabs then moved in (we welcomed them as liberators – it was the Romans they expelled). The Arabs have been there for over a millenia (compare that to America where even in downtown Jamestown, Europeans have been living there for barely 400 years). In no other country has a claim of indigenous peoples been taken seriously when the dispossesion occured so far back.

    GolemGorilla: akuperma You have a malpractice claim against your lawyer if he didn’t appeal to the next highest court. And as long as you sue (file a lis pendens) you can probably block the other side from selling or mortgaging the property since the person won’t have clear title. From your description of the legal system, it seems you don’t know much about law and have been exploited.

    I already had to foot the whole entire courtroom bill because I lost the suit against my neighbor, infact I had to pay my neighbor’s lawyer’s bill too because I lost the suit, that’s besides having to pay the whole entire courtroom bill, I just don’t have the money to pay for another lawyer to sue my lawyer for malpractice.

    #1059741
    ☕ DaasYochid ☕
    Participant

    Do you have $10? You can lease it back for 99 years.

    #1059742
    popa_bar_abba
    Participant

    I just don’t have the money to pay for another lawyer to sue my lawyer for malpractice.

    Would he be willing to sue himself for you?

    Then you could collect from his insurance, and he could get a 1/3 cut of it.

    I bet he could make a whole business out of that.

    #1059743
    GolemGorilla
    Member

    DaasYochid Do you have $10? You can lease it back for 99 years.

    It doesn’t work like that, the 200ft of land for the next 198 years, is my neighbor’s land.

    #1059744
    ☕ DaasYochid ☕
    Participant

    Go to the land office and sublease it for $10, the same way he leased it from you.

    #1059745
    ☕ DaasYochid ☕
    Participant

    His malpractice insurance will probably go up.

    #1059747
    popa_bar_abba
    Participant

    It doesn’t work like that, the 200ft of land for the next 198 years, is my neighbor’s land.

    What? You can’t lease from a lessee? He isn’t allowed to sublease?

    #1059748
    GolemGorilla
    Member

    It doesn’t work like that, the 200ft of land for the next 198 years, is my neighbor’s land.

    popa_bar_abba What? You can’t lease from a lessee? He isn’t allowed to sublease?

    Unfortunately, the state land ownership law works only one way, that is once my neighbor leased the 200ft of land for 198 years for $20 at the land office, it become his 200ft of land till the lease is up, the 200ft of land can’t be subleased because it is against the law to do that, besides that aspect he won’t let me sublease the land to begin with because he is an Anti-Semite.

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