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The Scuppers This is a new forum for the not necessarily fishing related topics... |
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02-25-2007, 10:57 AM
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#1
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Retired Surfer
Join Date: Dec 2000
Location: Sunset Grill
Posts: 9,511
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Vineyard Land Deed ??????????
My mother just receives a request for her to sign a quit claim deed transfer for $350.00 giving up all rights to two side by side camp/lot sites her grandmother bought in 1904 in West Tisbury across from the airport on the Edgartown-West Tisbury Road. The lots were recorded and are 25' x 60'. They are supposedly now a hunting preserve although I have never heard of one in that area and it is fenced in. I find it extremely interesting how people/s can take someones property by adverse possession without clear title and try to make it thier own. What if someones house sits on these two little pieces of land? Also they were part of a 2300 lot parcel which sits on 100 acres. I think I'd be foolish to let my mother sign off on this until all is checked out. Thoughts anyone?
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Swimmer a.k.a. YO YO MA
Serial Mailbox Killer/Seal Fisherman
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02-25-2007, 11:07 AM
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#2
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Soggy Bottom Boy
Join Date: Jan 2004
Location: Billerica, Ma.
Posts: 7,260
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As far as I know as long as the taxes have been paid they have no right to take the land
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Surfcasting Full Throttle
Don't judge me Monkey
Recreational Surfcaster 99.9% C&R
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02-25-2007, 11:15 AM
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#3
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Retired Surfer
Join Date: Dec 2000
Location: Sunset Grill
Posts: 9,511
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My mother just found out the she owned. Someone else has been paying the taxes on it, which constitutes the adverse possession. This is or was a common practice on the Vineyard years ago. It made many people rich. Pay taxes on land or lots and after a while you get a deed to it somehow. Nobody evidently has a clear title to this because of my mothers onwership of this small parcel. I need to get the land survey and the original submitted lot plan with certain information on it so I can locate the lots. My question is what if someone has a building on the land that essentially belongs to my mother. I am sure thier would be tax payment issues and other legal ramifications, but it would not be prudent to just let it slip away for such a small fee. My attorney also has a Vineyard office. I need to speak with him for mother tomorrow anyway, so this is just another issue.
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Swimmer a.k.a. YO YO MA
Serial Mailbox Killer/Seal Fisherman
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02-25-2007, 12:13 PM
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#4
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Registered User
Join Date: Sep 2001
Location: Whitman,Ma.
Posts: 4,263
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I say we go over in the beginning of June and stake claim to it,pitch a tent and then fish for a couple of weeks.. 
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I'm going where I'm going...
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02-25-2007, 01:10 PM
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#5
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Registered User
Join Date: Feb 2003
Location: Here and There Seasonally
Posts: 5,985
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Get an Attorney. Don't sign anything.
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He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself.
Thomas Paine
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02-25-2007, 01:38 PM
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#6
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Soggy Bottom Boy
Join Date: Jan 2004
Location: Billerica, Ma.
Posts: 7,260
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Get a lawyer, if someone has been paying the taxes I believe after 7 years they can take the land for next to nothing, like the fee for the paper work. it happened to a piece of land across the street from me,
My neighbor paid taxes on a lot next to his aunts and after a while he owned it.
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Surfcasting Full Throttle
Don't judge me Monkey
Recreational Surfcaster 99.9% C&R
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02-25-2007, 01:55 PM
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#7
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Registered User
Join Date: Oct 2001
Location: Landlocked in my own prison
Posts: 1,031
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Definately do not sign anything or communicate in any way with anyone other than an attorney. Go find yourself a real estate attorney and let him or her invest it further. I wouldn't wait too long to do it either. I'm sure time is against you in this case so don't make it any worse. Good luck and keep us informed.
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"Love is like a snowmobile racing across the tundra then suddenly it flips over, pinning you underneath. At night, the ice weasels come."
Matt Groening, Life In Hell
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02-25-2007, 05:32 PM
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#8
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Retired Surfer
Join Date: Dec 2000
Location: Sunset Grill
Posts: 9,511
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Yah Mike, I'm with you on that. Once we put a bouse house on it they will know we are there to stay. 
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Swimmer a.k.a. YO YO MA
Serial Mailbox Killer/Seal Fisherman
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03-05-2007, 10:19 PM
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#9
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Soggy Bottom Boy
Join Date: Jan 2004
Location: Billerica, Ma.
Posts: 7,260
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Frank how is this turning out?
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Surfcasting Full Throttle
Don't judge me Monkey
Recreational Surfcaster 99.9% C&R
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03-08-2007, 07:29 AM
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#10
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Certifiable Intertidal Anguiologist
Join Date: Feb 2000
Location: Somewhere between OOB & west of Watch Hill
Posts: 35,270
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I didn't see this one the last time around - yep - how? Maybe MV Trailer Park (of one)
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~Fix the Bait~ ~Pogies Forever~
Striped Bass Fishing - All Stripers
Kobayashi Maru Election - there is no way to win.
Apocalypse is Coming:
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03-08-2007, 07:55 AM
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#11
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Registered User
Join Date: Mar 2007
Posts: 186
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I believe there needs to be notification in the beginning. you would think if they found her now they could have found her way back when. But I'm no lawyer so I'm just going on hear say. A lawyer is the way to go.
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03-08-2007, 09:55 AM
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#12
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Retired Surfer
Join Date: Dec 2000
Location: Sunset Grill
Posts: 9,511
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Just to let everyone know I did turn it over to my attorney that has done a couple of things for me. He is known on the island, has a practice there, and I'm sure I will get the straight scoop. Ya JR, could be a small trailer and a bouse house there by fall. At least it something I can get a rersident beach for, ya think.
Daceman, the guy who wants it found my mother easy enough, anyone else could have also.
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Swimmer a.k.a. YO YO MA
Serial Mailbox Killer/Seal Fisherman
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03-08-2007, 10:07 AM
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#13
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Registered User
Join Date: Oct 2006
Location: Baltimore, Maryland
Posts: 32
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Good Luck Swimmer ........... but in most parts of the country, taxes are not paid on a property for a period of time and the government then declares it abandoned and sells it for back taxes. Usually the registered owned has a period of time to reclaim the title by paying back all of the back taxes to the one that claimed the land along with hefty fees and interest. If the registered owner doesn't claim the land and pay back the claimant, then the land is titled to the him.
and I truely mean good luck ........ it's always nice to find you own prime real estate.
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03-08-2007, 10:15 AM
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#14
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Registered User
Join Date: Mar 2007
Posts: 186
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Quote:
Originally Posted by Swimmer
Just to let everyone know I did turn it over to my attorney that has done a couple of things for me. He is known on the island, has a practice there, and I'm sure I will get the straight scoop. Ya JR, could be a small trailer and a bouse house there by fall. At least it something I can get a rersident beach for, ya think.
Daceman, the guy who wants it found my mother easy enough, anyone else could have also.
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I totally agree and I hope good things come out of this for you.
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03-08-2007, 01:43 PM
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#15
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Retired Surfer
Join Date: Dec 2000
Location: Sunset Grill
Posts: 9,511
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rhahn427
Taking land by paying the taxes on the land was an activity that was and maybe still is commonplace on the Vineyard up until twenty or so years ago, especially if you are a native vineyarder, and sometimes an islander. Its not a big piece of land by any means. I ahve known people when I lived there in the early 70's that made huge amounts of money that way. Generally those peoples relatives worked int he town hall and had hours to pour over parcels of land that the taxes had gone unpaid for long periods. They had friends or relatives, after all its not a big island, that worked in the registry of deeds, who after all had the time to look into who owned what. I don't believe that you were required to look all the deeply into past ownership to gain possession. Maybe I'm wrong, who knows? Either way the guy who wants to purchase the small piece my mother "just" found out she has at least a technical ownership claim. I imagine this piece has not been on the tax rolls for years because of the way it was divided into 2300 camp/home sites in 1901 and the hundreds if not thousands of hiers involved has made researching currrent hiers very difficult.
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Swimmer a.k.a. YO YO MA
Serial Mailbox Killer/Seal Fisherman
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03-08-2007, 01:58 PM
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#16
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Registered User
Join Date: Sep 2001
Posts: 7,649
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I am not sure but this sounds like it is near what is today called the trailer park. I have not been back there but I know about where it is. The plot sounds kind of small and while I am not positive it doesn't sound large enough to build anything on today. (I think it has to be something like an acre or so to meet zoning requirements and title V septic requirements these days but I am no expert on this stuff) I guess you can pitch a tent or park your vehicle on it though. Did you hear anything from the lawyer yet?....kind of interested . If someone paid the taxes for a long period of time and the was no clear title and the tried to get in touch with you posted public records, etc..I. bet after some waiting period they can get the land.
I wonder what the guy who wants to buy it plans to do with it?
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03-08-2007, 09:54 PM
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#17
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Retired Surfer
Join Date: Dec 2000
Location: Sunset Grill
Posts: 9,511
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Jim I'm sure his plans are to put a large contiguous piece together from all the small parcels and make some large money. I know it can't be built on but you think something small is possible, tent ???
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Swimmer a.k.a. YO YO MA
Serial Mailbox Killer/Seal Fisherman
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03-08-2007, 10:29 PM
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#18
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Registered User
Join Date: Sep 2001
Location: Whitman,Ma.
Posts: 4,263
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I can see a tent or camper parked on it bro...Who knows..
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I'm going where I'm going...
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03-09-2007, 07:57 AM
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#19
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Registered User
Join Date: Sep 2001
Posts: 7,649
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I don't know for sure but I think that is what it's intent was...to park a temporary vehicle or pitch a tent there...this is something that you should be able to get a definitive answer on.
My my 'hood you can not pitch a tent or park a camper on your land even on your own property outright and even if it is 2+ acre buildable lot. You have to put up a permament structure. But in that area I **think** it was designated for tents and campers but again, I don't know my facts on this.
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