How hard is it to prove adverse possession? We have a very
How hard is it to prove adverse possession? We have a very long backyard (140 feet) and 3 properties back up to our property. The middle property that backs up to our house was sold recently to an attorney that flips houses and he is claiming that two feet of our property belongs to him. The houses behind our property are a good 10 feet above our property and there is a drainage waterway that runs between our property and the 3 properties behind us. The two feet that the neighbor claims is his property is on our side of the waterway. The waterway is made of concrete, stands about 4 feet tall and runs the entire length of our property. When we purchased our house in November 2009, the two feet of property in question had been turned into a flower/planter bed with a row of trees planted along the entire 140 feet of our backyard. A sprinkler system had also been added to the two feet by the person that sold us the house and this area is on the sprinkler map provided at closing. We had no reason to question that this wasn't our property until one of the houses behind us was sold and as part of the closing, we were asked to sign a boundary line agreement which stated that we won't claim the two feet of property. We didn't sign the agreement because we wanted to do our own research. We just had a complete survey done of our property and the subdivision behind us and it appears that the two feet in question is outside our property line. In the research that we've done, one of our neighbors provided us with pictures of our backyard when the waterway and subdivision behind our house was being built. The pictures show a fence in our yard along the property line but it was taken down by the person we purchased the house from, who was a realtor, and she put in the 140 foot flower bed, planted a row of trees and installed a sprinkler system to the two feet because it was not being maintained by the homeowners behind us. The person we bought the house from didn't disclose at closing that they removed the fence and I would like to know if we recourse against the previous owner for damages. I'm not an attorney, but I'm thinking that maybe we were asked to sign this boundary line agreement because we might have a case for adverse possession. Any help you can give me will be appreciated before we spend the money to hire an attorney.
My question deals with my homeowner's insurance policy. I'm
My question deals with my homeowner's insurance policy. I'm having trouble understanding / interpreting it. I want to know if my situation warrants a claim be filed. I will copy and paste portion of my insurance policy to find out whether I should or shouldn't file a claim? I present my situation. A year ago I had a new roof installed. Shortly there after, I began hearing noises coming from the attic. As time progressed the sounds began to spread throughout the entire house. They became louder and more frequent. I now have visible signs inside and outside the house of damage. Hallway ceilings cracks. Cracks on hallway wall. sunken floors. Cracks on exterior walls and crack on eave near roof drip edge. I follow this post with a copy & paste portion of my policy which I'm not really clear on what it means. Please explain in everyday language one may easily follow and comprehend. SECTION I – PROPERTY COVERAGESCOVERAGE A – DwellingWe cover:1. The dwelling on the "residence premises" shownin the Declarations, including structures attachedto the dwelling; and2. Materials and supplies located on or next to the"residence premises" used to construct, alter orrepair the dwelling or other structures on the "residencepremises."This coverage does not apply to land, including landon which the dwelling is located.JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?Customer: COVERAGE D – Loss Of UseThe limit of liability for Coverage D is the total limitfor all the coverages that follow.1. If a loss covered under this Section makes thatpart of the "residence premises" where you residenot fit to live in, we cover, at your choice, either ofthe following. However, if the "residence premises"is not your principal place of residence, wewill not provide the option under paragraph b. below.a. Additional Living Expense, meaning anynecessary increase in living expenses incurredby you so that your household can maintain itsnormal standard of living; orb. Fair Rental Value, meaning the fair rentalvalue of that part of the "residence premises"where you reside less any expenses that donot continue while the premises is not fit to livein.Payment under a. or b. will be for the shortesttime required to repair or replace the damage or,if you permanently relocate, the shortest time requiredfor your household to settle elsewhere. SECTION I – PERILS INSURED AGAINSTCOVERAGE A – DWELLING and COVERAGE B –OTHER STRUCTURESWe insure against risk of direct loss to property describedin Coverages A and B only if that loss is aphysical loss to property. We do not insure, however,for loss:1. Involving collapse, other than as provided in AdditionalCoverage 8.;2. Caused by:a. Freezing of a plumbing, heating, air conditioningor automatic fire protective sprinkler systemor of a household appliance, or by discharge,leakage or overflow from within thesystem or appliance caused by freezing. Thisexclusion applies only while the dwelling is vacant,unoccupied or being constructed, unlessyou have used reasonable care to:(1) Maintain heat in the building; or(2) Shut off the water supply and drain thesystem and appliances of water;b. Freezing, thawing, pressure or weight of wateror ice, whether driven by wind or not, to a:(1) Fence, pavement, patio or swimming pool;(2) Foundation, retaining wall, or bulkhead; or(3) Pier, wharf or dock;c. Theft in or to a dwelling under construction, orof materials and supplies for use in the constructionuntil the dwelling is finished and occupied;d. Vandalism and malicious mischief if the dwellinghas been vacant for more than 30 consecutivedays immediately before the loss. Adwelling being constructed is not consideredvacant;e. Any of the following:(1) Wear and tear, marring, deterioration (2) Inherent vice, latent defect, mechanicalbreakdown;(3) Smog, rust or other corrosion, mold, wet ordry rot;(4) Smoke from agricultural smudging or industrialoperations;(5) Discharge, dispersal, seepage, migration,release or escape of pollutants unless thedischarge, dispersal, seepage, migration,release or escape is itself caused by a PerilInsured Against under Coverage C of thispolicy.Pollutants means any solid, liquid, gaseousor thermal irritant or contaminant, includingsmoke, vapor, soot, fumes, acids, alkalis,chemicals and waste. Waste includes materialsto be recycled, reconditioned or reclaimed;(6) Settling, shrinking, bulging or expansion,including resultant cracking, of pavements,patios, foundations, walls, floors, roofs orceilings;(7) Birds, vermin, rodents, or insects; or(8) Animals owned or kept by an "insured."If any of these cause water damage not other otherwiseexcluded, from a plumbing, heating, airconditioning or automatic fire protective sprinklersystem or household appliance, we coverloss caused by the water including the cost oftearing out and replacing any part of a buildingnecessary to repair the system or appliance.We do not cover loss to the system or appliancefrom which this water escaped.3. Excluded under Section I – Exclusions.Under items 1. and 2., any ensuing loss to propertydescribed in Coverages A and B not excluded orexcepted in this policy is covered.COVERAGE C – PERSONAL PROPERTYWe insure for direct physical loss to the propertydescribed in Coverage C caused by a peril listedbelow unless the loss iJA: Has anything been filed or reported?Customer: Property is in Florida. I have filed a claim, have pending appointment with adjuster to visit property. My policy does cover replacement but not sure if my situation is actually covered or not by my policy. Here is where you come in and clarify this policy.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes. I also have a claim with the company that installed the roof, also have their claims adjuster on standby. I want to know who is liable and how I should go about this process with both my insurance and the other party insurance. I have not signed any documents with either. Only thing done is a claim has been opened with both. Nothing else.