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Ask Tina Your Own Question
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Richard , code inforcment told me move my property from

Customer Question

Hi Richard , code inforcment told me move my property from incroaching or neighbor will arrest for treasspassing . They stated adverse possession does not apply . Do town enitys rules that over rule states ??
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
The state law should control in most instances. I would not let some enforcement officer make this determination. If it were me, I would file a suit to quiet title to ask a court to make a determination of a matter of law.
Customer: replied 2 years ago.
Can I let them arrest me ? That way I would be the defendant and have court appointed attorney . I am in family court presently and money is really tight . Is the court I need common please ?
Expert:  Richard replied 2 years ago.
You can, but I would not go to that extreme. Criminal prosecution is separate from a civil suit and you really don't want to have an arrest record. If money is tight, I would suggest you go to your nearest law school. Most of them have legal clinics that are run by law students and supervised by law professors that will take cases such as yours on a pro-bono basis to help the students, who are idealistic, energetic, and very bright, get experience while under the watchful tutelage of their law professors.
Customer: replied 2 years ago.
Is there a generk form I could find on the sight I often use ? I called locale law school and was referred to label help link . Do you no any thing about web sight that is where legal help link referred me to ?
Customer: replied 2 years ago.
You stated that treasspassing and this action is bacicley civle , no !!
Customer: replied 2 years ago.
Think I understand trespassing is separate from a real state action ( adverse possession ) one is civil & other is criminal ! " yes "
Expert:  Richard replied 2 years ago.
Yes, that is is criminal/one civil. I don't have a specific form as each state as its own format
Customer: replied 2 years ago.
Can you respond when get a chance to generic forms ? I not sure you received my last question . Don't want be a pain in ass , know your helping others same way you have helped me big time ! "man" I wish you practiced here in Delaware . Could the action be a petition rule to show cause ? Pursuant to adverse poss. Or just quit deed . Is 't a quit deed a property transfer ? That, is quick and don for nominal monies ???
Customer: replied 2 years ago.
Sorry I read it again and understand it a bit better , I read (quiet title ). I understand it to mean like ( " he needs to hush up an be patient to the court decides or rules .
Expert:  Richard replied 2 years ago.
Exactly. :)
Customer: replied 2 years ago.
Hi Rich , David again , Police sent me a letter that they review my settlement survey ( 1990 ) and it matches the neighbors , there for property belongs to him . If I continue to not move my property they will charge me trespassing and criminal mischief . How ever no one has stated any thing about my notice pursuant to code adverse possession .Since my survey was submitted to city from me for a permit regarding the planter box , would that be a admission that I believed the boundary lines he is arguing were in deed the boundary lines then and now ? (note there have never been any corner markers ).
Expert:  Richard replied 2 years ago.
There is a difference between civil action and criminal action. The police are really not the arbiters of civil actions and property boundary law. If I were you, I would file the suit to quit title so that you can get a determination of the ownership of this land and ask the court to issue an injunction against anyone taking any action regarding this property until your suit is adjudicated.
Customer: replied 2 years ago.
Are the police out of jouradiction , when bacicley are ruleing on a civle issue and are now playing judge ? I know the trespassing would be there jurisdiction but arresting me would be a wrongful arrest ? Is there any such a rule of wrongful arrest ?
Expert:  Richard replied 2 years ago.
It's really unusual for the police to intervene on this type issue. But, having said that, many police officers are out of control these days. So, I would do whatever is necessary to avoid this escalating on the criminal side and pursue your remedy from the civil side of things.
Customer: replied 2 years ago.
What court would I file that petition ? Is it court of common pleace ? Yes police are under lot of scrutiny . You would think they be really minding there P&Q . Like I stated earlier his police crony's are strong arming me .
Expert:  Richard replied 2 years ago.
I don't believe the court of common pleas will hear a case involving an injunction and suit to quiet title. I think you'll need to file this in a regular civil district court.

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