http://www.lawchek.com/resources/forms/que/advposs.htm

Land mines.

That sounds right, but how is "continuous" defined in the easement context? Daily? Once a week? Once a year? I don't know the answer, but the question illustrates the danger of the situation.

I like that website link from PaulC, but even it includes some potential pitfalls. It says that the time period for adverse possession in Virginia is 15 years, which is true if you are talking about the classic squatter's rights case where the squatter claims ownership of the land. The pitfall, however, is that I think that Virginia uses a different period - 20 years last time I checked - in cases involving the establishment of prescriptive easements (the term used when an easement is created by adverse use).

The law of adverse possession and prescriptive easements has interesting twists and turns, some of which seem counter-intuitive. For example, what would happen if you gave permission for these people to cross your property? Wouldn't that negate the requirement that the use be "hostile"?

I'm not offering answers to any of these questions. I offer them to illustrate how uncertain this area of the law can be.

I just heard back from my township, and they said there is no easement and I am well within my rights to ask the landscape company to find another way to access the rear of the neighbor's property as they are CLEARLY trespassing.

Also if it continues after I make my wishes clear, I am allowed to sink a few posts in the gap to make it impossible for a mower to fit through. The zoning officer said this won't even require a permit as long as I don't use concrete to anchor the posts.

I will talk to the landscape company when they show up next week and see how it goes.

Thanks for all the advice and food for thought.

__________________
Chad
2006 Nissan Pathfinder LE
1998 Acura 3.0 CL
OBK#44
"Pleasure in the job puts perfection in the work." - Aristotle (384-322 B.C.)

SOLD
1985 300TD - Red Dragon
1986 300SDL - Coda
1991 - 300TE
1995 - E320
1985 300CD - Gladys

Thank goodness this is over . . . I was having "Blackacre" and "Rule Against Perpetutities" flashbacks . . .

BTW, just a bit of trivia . . . some states put a limit on the size of a parcel subject to adverse possession and it doesn't apply to Federal or Indian Reservation lands.

I just talked with the landscape company. They agreed to stop using my yard to make their crossing. This is great news as I plan to put my garden and chicken coup right in the path of where the used to drive the mower.

This weekend I'll be going to the local nursery to buy some bushes to plant in the spots they could still pass if I'm not around. They will help to block my view of the road as well.

√ Another item off my list.

__________________
Chad
2006 Nissan Pathfinder LE
1998 Acura 3.0 CL
OBK#44
"Pleasure in the job puts perfection in the work." - Aristotle (384-322 B.C.)

SOLD
1985 300TD - Red Dragon
1986 300SDL - Coda
1991 - 300TE
1995 - E320
1985 300CD - Gladys

So you were planning to use the chickens to overpower the landscaper and neighbor? They seem harmless on the surface but they do have power in numbers!

If you had an old CD/E for them to live in you could call it the Coupe Coop Coup! I'm sorry, I need more coffee.

__________________

1980 300TD-China Blue/Blue MBTex-2nd Owner, 107K (Alt Blau) OBK #15
'06 Chevy Tahoe Z71 (for the wife & 4 kids, current mule) '03 Honda Odyssey (son #1's ride, reluctantly) '99 GMC Suburban (255K+ miles, semi-retired mule) 21' SeaRay Seville (summer escape pod)

How can I expect to have healthy chickens when I can't even spell their dwelling correctly.

I've heard of chickens attacking before, but not in gangs. That would be horrifying to be the victim of a chicken lynch mob.

__________________
Chad
2006 Nissan Pathfinder LE
1998 Acura 3.0 CL
OBK#44
"Pleasure in the job puts perfection in the work." - Aristotle (384-322 B.C.)

SOLD
1985 300TD - Red Dragon
1986 300SDL - Coda
1991 - 300TE
1995 - E320
1985 300CD - Gladys

In my search for "adverse possession" on the forum, I came across this thread. Reason being that, after 39 years, I recently discovered that my beautiful 30' X 30" garage is not on my property. Long story short is that the owners of the property are not being cooperative in transfering deed over to me for the property, and it looks like we have a VERY good adverse possession case. Has anyone here ever taken over property by such means ?

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95 SL500 Smoke Silver, Parchment 64K
07 E350 4matic Station Wagon White 34K
02 E320 4Matic Silver/grey 80K
05 F150 Silver 44K

It all depends on the property laws in your state. Here in Texas the laws are absolutely different than in Louisiana.

In Texas one of the requisites is that you must 'treat the property as your own'. That means fencing it, paying the taxes, maintaining it ,etc. My family lost a lot of property to squatters in the 1940's for that very reason.

If I were you I would get a good property lawyer. Ask the county clerk. They see how all the lawyers associated with land deals work and can probably steer you in the right direction.

so how would one pay taxes on a small part of anothers property? Sound like that may be where they could get you.

__________________
83 300SD Dark Silver Dark brown inside

Sounds to me like you lucked-out on this one, since they want to get prickly about it.

__________________
'06 E320 CDI
'17 Corvette Stingray Vert

I have a good friend who is a surveyor. In Indiana there is a list of about 29 things which must be true for one to successfully claim adverse possession. Miss on one item and you don't prove it.

Very very difficult to prove here.

If you ask your neighbor over right after the mowing folks drive through to look at it and ask them if they think what is being done is fair to you there is a good chance they will say no.

Be friendly about it and you may be able to gain a friend as a result of it.

Just remember the shoe might be on your foot sometime in the future.

__________________
[SIGPIC] Diesel loving autocrossing grandpa Architect. 08 Dodge 3/4 ton with Cummins & six speed; I have had about 35 benzes. I have a 39 Studebaker Coupe Express pickup in which I have had installed a 617 turbo and a five speed manual.[SIGPIC]

..I also have a 427 Cobra replica with an aluminum chassis.

In Texas anyone can request that the tax statement for a certain piece of property be sent to them. They don't have to prove ownership. It is up to the actual owner to be sure that he gets all his property tax statements each year.


Many old folks have been done out of property by having others usurp their tax bills. Then when the oldies die and the kids come to clean up the estate there is no record of them owning the property. Unless the kids remember that the oldies owned the property the usurper can continue to pay the taxes and at some later date, usually 5-7 years, make a claim by what they call 'sue for title. I am dealing with this on a section of land I manage in SW texas near Laredo. Not fun. Fifty plus claimants. No hope of a settlement.

You can't pay the taxes on a portion of another person's property because that portion does not have a legal description, i.e., metes and bounds or lot and block. It has not been surveyed and platted off of the original property. Even if you have been mistakingly using a portion of your neighbor's property you can not file for adverse possession because that area is still part of a gazetted, legally described, property on which the owner is paying taxes.

If the owner is not paying taxes then you can apply to the taxing authority, either county or city, to have the property declared delinquent and bid on it when it comes up at a tax sale.