On the Gary Bischoff show previously posted, where the Mohonk Preserve was not invited to defend itself, a woman named Sue says that the Preserve came to her mother to advise that they resolve a property issue out of court, as it appears. And that otherwise the Preserve would take the property through "Imminent Domain". Sue claims that it is just these kinds of tactics that the Preserve uses to steel peoples properties.
This story, as it seems to me, is very unlikely that anyone would wish to use that kind of an argument, which could so easily be discounted by talking to almost any other person. Everyone knows what imminent Domain is, you can read about it in the papers often enough. And to bring it up in front of two witnesses (herself included, "a real property title examiner … certified in the supreme court of NY State" ), one who might be recording the conversation on the second time around, to show up on a specific date, is even more difficult for me to believe. Perhaps the person doing the talking for the Preserve was a professional in another field and was confused. But whoever he was, if he said anything like this, he was not playing with a full deck of cards. Even if someone had malicious intentions, more than likely, all it would do at best is make them look someone you cannot trust as well as complete idiot.
Perhaps what was actually said or meant was "Adverse Possession", if there is any truth to the story at all. Sue as a professional dealing with these very problems in property had the opportunity to have paperwork, record conversations, call the police, none of which things they did. Sue mentions property line disputes over their property with the Preserve, which boarders they had not property marked (i.e. Sue mentions a conversation with her mother where there was some reluctance to mark the property, and then thereafter they went ahead and marked it as needed.), so Adverse Possession seem more likely what a story like this might have been about.
Adverse possession Purpose and moral basishttp://en.wikipedia.org/wiki/Adverse_possession
Adverse possession exists to cure potential or actual defects in real estate titles by putting a statute of limitations on possible litigation over ownership and possession. …Because of the doctrine of adverse possession, a landowner can be secure in title to his land. Otherwise, long-lost heirs of any former owner, possessor or lien holder of centuries past could come forward with a legal claim on the property. The doctrine of adverse possession prevents this. This means the law may be used to reward a person who possesses the land of another for a requisite period of time. Failure of a landowner to exercise and defend his property rights for a certain period may result in the permanent loss of the landowner's interest in the property.
Adverse Possession and Border Fenceshttp://www.colemanchambers.com/CM/Articles/Adverse-Possession-and-Border-Fences.asp
One of the most common sources of conflict between neighbors, other than occasional late night noise and college football, is property line disputes. Oftentimes the conflict arises out of bordering plants growing from one neighbor's property to another, or the condition of a shared wall or fence in relation to the property line. All property owners should be aware of the law concerning their property boundaries so they can best protect their interests, as well as be a good neighbor. … The law concerning property lines, adverse possession, and bordering trees and fences is complex. There are other elements that contribute to whether a border fence, Leyland Cyprus, or other bordering object establishes a property line or constitutes adverse possession, about which you can ask an attorney. There are also some preventative steps you can take to prevent yourself and your property from being taken through adverse possession. The first step is to know and mark your property lines. This can be done with stakes in the ground, or a blaze on the tree trunk.
Sue mentions that "we're not sure" what Indian tribe all of the "Bear Clan" is from because "nobody wrote it down." And what I am getting out of this is that if you own property you need to maintain your property lines so everyone knows where they are all the time. My father once told me that there is a saying that goes something like "A good neighbor has a wall." I remember asking him what it meant, and he said that unless you maintain your property lines you end up inadvertently causing fights with all your neighbors. It seems that these arguments have everything to do with poorly maintained deeds and poorly maintained property. If there can be no argument with the deed, if you dad did not will your property to the Preserve, then pull up that Preserve fence and there is nothing they can do about it. But if you buy property or maintain property and you allow there to be speculation in the deed then rest assured sooner or later you will have to pay for it. A good neighbor has a wall.
BTW, I [Donald Perry] am not an professional in anything having to do with any of the matters of law to which I address. I am not an attorney nor do I have anything to do professionally with real-estate. Consider that these letters I write are for entertainment purposes not legal advise.