Does anyone know about "duress"?!!! can it be used in a civi case?!!?

as in a town is forcing you to chop down rees and liliac bushes that they say was there alley ver 30 years ago bu they allowed trees and lilac bushes and other plants be planted on it!!!





and after 30 years a new mayor comes along and buys the property next to it and wants to claim the alley back and tear dow the trees and bushes!!!





most of the village members are on my side but he will make their life miserable if they vote against him!!!





he says the adverse possession law wich is 10 years in the state of nebraska does not apply to a municipality!!!





but i have wittness to prove it was never used as an alley!!!





i filed a small claims suit to make him pay for a tree he chopped down but he hired village attorneys ad has had it moved to a regular court bin wich we are all paying for his attouneys!!!

Does anyone know about "duress"?!!! can it be used in a civi case?!!?
I'm sorry you are losing your trees and bushes, but you probably have no case.





Generally, the mayor is right--you cannot claim adverse possession over municipal lands. And, even if they never used it as an alley, if the town holds title to it, they don't have to do anything at all to it except make sure that it doesn't present a hazard.





Secondly, your long term gardening on land you knew wasn't yours is not enough to win an adverse possession case in Nebraska. A person claiming title by adverse possession must occupy and possess the land adversely to the record owners with the requisite intent and purpose of asserting ownership. Rentschler v. Walnofer, 203 Neb. 84, 277 N.W.2d 548 (1979).





As for the value of the trees and shrubs being removed, if the village can prove it was their property, they have the right to remove it.





If you actually believed that you were planting on your own property and you can show that there is some confusion or discrepancy in the land records that indicate that you could have owned the strip of property, you might be able to come to a settlement here. You need to search title and land records to find the complete history of the strip.





But as frustrating as this is, I think you will have to let it go.





Here is a web page with the adverse possession statutes and case law notes to help you with your reading on the subject.





http://uniweb.legislature.ne.gov/LegalDo...
Reply:Do you have a law school near you? School often have clinics that offer free legal advice and this would be a perfect question for them. Also, you may want to do your own research here, maybe head to the library and spend and hour or two looking at a "treatise" dealing with durress or property law matters - it's not a terribly complicated question and I bet you could answer it yourself.
Reply:Too much drama... You have too much time on your hands.
Reply:You may want to perform a search on the terms "intentional infliction of emotional distress" to see if it applies to your situation.




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