Saturday, January 20, 2024

EXPLANATION OF LAND CLAIM ELEMENTS

HERE'S A THOROUGH EXPLANATION WITH RESEARCH SOURCES FOR MY WILDERNESS LAND CLAIM AND PROJECT. WE HUMANS MUST RESPECT THAT WITHOUT CREATION ITSELF, WE WOULDN'T BE AROUND...

What Is Adverse Possession and a Covenant Running With the Land ?

The following points of consideration, along with applicable references, are being used as means to render a concise explanation of what a "crwl" and "ap" is. Most the info is copied and digested from wikipedia.org.

Adverse Possession:
Adverse possession is a process by which premises can change ownership. A common law conceptt concerning title to real property (land and buildings thereon it). By advP, title to another's real property can be acquired without compensation, by holding the property in a manner which conflicts with the original owner's rights over a continously, long- held time period.
AdvP's origins are based upon, both, statutory and common law doctrines and the elements thereof may vary from jurisdiction to jurisdiction. Other elements of advP involve judicial constraints.
Other Factors Relative to AdvP and the Western Great Basin Land Project :
1. The land (endangered great basin pinyon/juniper habitat) claimed under advP by the project founder had been legitimately so claimed as out- layed within the preamble of the covenant. 2. The adverse possesor refered to legally as a "disseisor" had as required under the advP doctrine and laws, met the following conditions validating the claim : a. Established notice of an open and adverse occupancy of the land designated under the covenant; b. Has established actual possession over a continous, long-term period of time as noted within the color of title and covenant herein; c. Has established open and notorious use over a long period of time of the said land through being known to the general suburban populace nearby, primitive habitation, signage, primitive building and so on; d. The Exclusive use by and of the founder and no one else, the original owner(s) included; e. This was done deliberately without the permission of the original owners establishing the fact that such owners had intentionally, neglected and out-right, abandoned their interests as required under the doctrine advP.
Further the United States Supreme Court in various related decisions has ruled out-right that, " mere intent alone" is sufficient grounds only to lay a claim under advP to take the land as one's own" and constitutes as a "claim of right." Other cases have determined that a claim of right exists if a person reasonably believes they have the rightful claim property rights, even if that claim is in fact incorrect.

A Covenant Running With the Land
1. A covenant running with the land, is a real covenant, in the law of real (raw) property (land). It is a nonposessory interest for, and, as an agreement between adjoining landowners to do (affirnation clauses), and/ or refrain from doing (restrictive clauses) certain actions with relation to the land itself. NOTE: The founder has established that due to the fact that her advP has been left unchallenged under reasonable advP statutory limitations ( in Nevada none specifically are given regarding advP) this requirement of "joint agreement" is not applicable to her declared covenant. As, she has established successfully the requirements of advP prior to drafting the covenant.
2. Another type of agreement or promise is refered to as Covenants, Conditions, and Restrictions. As in the other types of promises, they must be for the benefit of the land itself exclusively.
The founder of the GW Land Project believes they are entitled to, under the laws and sound, well intentioned will and reason, have :
R. Established the conditions entitling them to seek being granted the covenant running with the land in its entirety as expressed within the drafting of it.
I hope this renders clarification as to the goal of establishing and defending this project.

Sincerely, Maria Metko

No comments:

Post a Comment