Friday, December 14, 2007

Boulder Judge Steals Land

The judge used an arcane common law called "adverse possession" to claim the land. According to the Denver Post: "Despite owning the land, despite living only 200 yards from the property, despite hiking past it every week with their three dogs, despite spraying for weeds and fixing fences, despite paying homeowner association dues and property taxes each year, someone else had taken a shine to it. Someone powerful.

Former Boulder District Judge, Boulder Mayor, RTD board member - among other elected positions - Richard McLean and his wife, attorney Edith Stevens, used an arcane common law called "adverse possession" to claim the land for their own."

Nearly every state has this law. Colorado's law of "adverse possession" affects any land that has been aggressively used, without the owner's permission, for twenty years without the owner declaring ownership. If this happens, ownership of the land legally shifts from the original owner to the "trespasser". Colorado requires that the land be use for 20 years. Some states require as little as five years.

This is why I have "No Trespassing" sign by my driveway and on all four sides of my property. I'm also considering going down to the county clerk and putting on public record that there is a $500 per person per day land use fee. If you come on my land without an invitation you are breaking the law and you owe me $500. I also don't have a "Welcome" mat on my porch for the same reason.

I was talking to my neighbor today and she said that I was the easiest one in the neighborhood to get along with. You don't have to be unfriendly to protect your rights. "Those who don't demand their rights don't have any."-United States Supreme Court

Spending less than $100 and a couple of hours buying and putting up "No Trespassing" signs could have prevented this man from loosing his property.

Something to think about if you have property you haven't visited lately.

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