Land Law / adverse possession

Seriously any info on this would help- the County and the Township codes/zoning are unable to confirm just WHO owns a piece of nearby 'unbuildable' ground. There is no parcel boundary or number in the County GIS, but it adjoins (for certain) the typical railroad right away swath and runs out to the river.

While the ~6 acres is considered unbuildable (because it's under water alot), it has a good mix of underbrush and heavy old tree growth that hasn't even been sustainably harvested. The 'owner' doesn't use the property. Adverse possession?

But how is that done on an 'unbuildable' piece of ground?

What's more, adverse possession is typically for an already deeded property . . . .

Because there is no deed or titled boundary other than naturally by railroad and river, the County and Township and the first Lawyer I've tried have only been able to suggest it is 'railroad property'. Looking into railroad organization, this means it's a quasi public right-of-way / public highway.

Any info or help on how to 'obtain' this ground? Deeded titled and taxed. I have a really cool idea to improve the land and make use of it that I would like to share later, with pictures/video of it too. Thanks for any help!

if it is unregestered and unowned put a legal claim and notice to it and if anyone contends it they will need to provide the info you cant seem to find if not your claim will be perfected after the required time to allow for anyone to oppose you
wasp

Cool thanks. I need to look fully into adverse possession then and how to stake that claim. Here it's 21 years I think (in PA of US) when unopposed. Maybe someone already is doing that though? Guess I'll find out. I'm just not clear on how to set the boundary and 'use' the land for that long, but I'm sure it's been done.

I did find this that shows courts do rule that private parties can use adverse poss to get unused 'public right-of-way / public land. https://www.jstor.org/stable/1064014?seq=2#page_scan_tab_contents
Still a little sketchy/ unpredictable though, and unfortunately I didn't find one for my adjoining state yet.

Go to the fire department and get a fire map. There you'll discover it has an address, because that's how the fire department will find it if it's on fire. Oh, you want to know who owns the property at THAT address. Things change.

So if it was mine, if I used it occasionally as a location when I'm shooting, then it's in use. If I parked on it occasionally to get a vehicle out of the way, it's in use. You are faced with proving the owner doesn't get to do exactly what he's doing with it. I'm not sure I like the idea of what you're talking.

Of course you may discover the county is more than happy to have you take it off their hands if you just pay the back property taxes, start paying them regularly, plus bring it into compliance. As in maybe solving the water problem. So maybe you need to consider whether this free land is worth what it will cost.

I'm not sure I like the idea of what you're talking

Click to expand...

Nah it's literally 'no-mans-land'. A 'gray area' (also literally lol) on the County GIS map. (you have GIS maps out there right?). It was apparently never titled or deeded and has no parcel boundary or tax number. . . . We're going back 100-160 years to when the railroad was moved closer to the river I guess. You'd think SOMEone would have owned it at least before that, but I think the town is only about 200yr old to begin with. It was the indians' ground, and kinda still is a bit.
Best I can tell it's just like the railroad and included/provided for as such- it's owned by all of us, as a public right-of-way /highway, except it is not being used and cannot be used as such . . . and if the railroad doesn't need or use it, according to the law it can be possessed privately. The bummer is it appears that can only be done by 'adverse possession'; tho the decades' wait and/or possible lawyer's fee are the only costs incurred. More interesting than just playing powerball (or scratchoffs) imo hahah.

To bad this is the internet or I'd put a link up. Hmm that's a catch 22. I don't want to have to snipe unannounced dinner guests lol.
So just look on your own county GIS map and look for similar. I get the impression that this is the type of ground where bigger cities end up with vagrants trying to live or those entire 'tent cities' exist. The catch is you cannot live on a public right-of-way /highway and it cannot be adversely possessed that way.

So then the question is of the possibility that it's considered drainage, as you say it floods. You have to remember some land is effectively taking up space, right?

But yeah, I can see what might seem like a fun project. You could even live on it in a van and pretend you're running a mail order business, etc. Maybe even get in some shootouts.

I guess this is how it's done around me. http://www.ocpublicworks.com/survey/services/annexations There's two lots I've been interested in but I never found out anything about them, nobody seems to know. I wanted to build houses on them, it amazed me they were blanks right where they were. But I realize there's often a reason something inexplicable is going on. Even with the fire dept. addresses there were no county records and no idea if anything could be done.

Now you got me started on this again. Right in the center, two lots back to back, either side of an alley. Trees on the top lot. I believe the neighborhood is from before World War I, there's nearby buildings from 1912. The lots are too small to be partitioned to that size today, but if they're already partitioned then that's fine and I could build, if I could figure out if they're even owned. I don't know that there's anything 'Adverse' about them, it was just killing me that I could have been building on them and making a killing, eh? I don't know if this house will sell at that price, but about a half mile away on about that size lot is an at least near 100 year old house of 1,100 square feet they're seeking $719k for. My lot is bigger than the two combined and the tax assessment is at $50k.

My thought however is that certainly someone OWNS them, but why isn't there an explanation available? Perhaps that church owns them and doesn't know it?

What is title by adverse possession?
Terms: Adverse Possession: Possession of the property of another that is (a) exclusive (b) open and notorious, (c) continuous and (d) under claim of right. It can result in the possessor acquiring title to the property if the true owner does not move to evict the possessor before the period of limitations expires.

Search for: What is title by adverse possession?
How do you claim adverse possession?
To prevent a trespasser from gaining property ownership, you can take the following steps:

Post "no trespassing" signs and block entrances with gates. ...
Give written permission to someone to use your land, and get their written acknowledgement. ...
Offer to rent the property to the trespasser.
Call the police.
Hire a lawyer.

i'm not finding anything that says you can just declare some property as yours. If you've heard the phrase 'Squatters Rights' that's what you sound like you want to do, but you first have to park your van on it and start choosing your gunfights.

http://www.nolo.com/legal-encyclopedia/adverse-possession-trespassers-become-owners-46934.html

I guess that's why it's called 'adverse' possession. You lay claim. But gunfights not included. This actually all started when The SWAT team surprised me down there when I was alone at my 'camp' lol. No gun fights!!
If it's considered public highway/ right-of-way, like I said you cannot reside there legally. You may try to exclusively 'use' or improve the ground, but cannot reside there to obtain possession.

Anyway, try this for Your county/area.
http://tax.ocgov.com/tcweb/map_disclaimer_main.asp
http://www.ttc.ocgov.com/proptax/infofaq/faq/gis
Can you find tax parcel numbers on them, or not? If they're not titled they're usually some type of public ground, but held publically above/beyond any municipal or charitable organizations in the Gov structure which should all be listed.

Might be difficult to improve it, if its a "wetland". Just saying do a lot of checking, before you make the effort to be the owner, paying tax on it.

In the past there's been government money for "Improving" wetlands. I'm still wondering how you take possession if you're not even supposed to be on it. But then I find it hard to believe there's any homesteading opportunities around a city.

The lots I'm taking about have addresses on fire maps, but there's been no other record. The question is if they've been partitioned or in they're part of the church they're next to and not even the church knows.