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I am a farmer in Nebraska I am trying to build a fence on a…

Customer Question
I am a farmer...

I am a farmer in Nebraska I am trying to build a fence on a surveyed line. The neighbor has parked a tractor I n the middle of the line what can I do

Lawyer's Assistant: Has any paperwork been filed?

They have been using a lawyer this process started back in July

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They are using the claim they are going to adverse possession nothing has been filed the sheriff was called yesterday he claims they are waiting for a injunction

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Nebraska

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 11 minutes by:
12/15/2017
Real Estate Lawyer: legalgems, Arbitrator replied 5 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 12,973
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 5 months ago

One who claims title by adverse possession must prove by a preponderance of the evidence that he has been in actual, continuous, exclusive, notorious, and adverse possession under claim of ownership for a full period of ten years. Rentschler v. Walnofer, 203 Neb. 84, 277 N.W.2d 548 (1979)

If the elements have not been satisfied adverse possession will not be established.

The person wanting the tractor removed can seek an injunction from the court where the court may order its removal. If the party refuses they can be held in contempt which may result in sanctions such as daily fines, attorney fees, even jail time for knowing and willful violations.

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Real Estate Lawyer: legalgems, Arbitrator replied 5 months ago

Hello again; just checking in to see how things worked out;

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