Mad-Lad-of-RVA t1_j9q0elm wrote on February 23, 2023 at 7:20 PM

Reply to comment by sciencesomething in Neighbor put up a fence by Inume91

Just tagging on:

I bought a house in 2021 and realized after purchase that one of my neighbor's dirt "driveways" is made up of approximately one-third to one-half my property.

Haven't been sure what to do about it because I know the risks of adverse possession, but I also don't want to piss them off—they're nice and they park their tow truck there because they can back it out into the T-intersection.

How much would a consultation cost?

EDIT: To be clear, my ideal solution is that they get to keep using it, but without being able to claim adverse possession down the line. Like it really doesn't bother me, but I don't want them to be able to say "this is mine" later. I was hoping I could get them to sign something waiving any future claim to adverse possession or something. IDK, I'm not a lawyer, which is why I've been wanting to talk to one.

olieliminated t1_j9qcmdo wrote on February 23, 2023 at 8:36 PM

You would need an easement type of paperwork. You own it but they use it for free

owlparliamentarian t1_j9r2yke wrote on February 23, 2023 at 11:22 PM

Yes, as far as I understand it the main risk of adverse possession is if they're using your property with your knowledge (that is, you knew or should have known they were using it, whether or not you knew it was your property) and without your permission. Legally granting them permission is neighborly and keeps everybody happy while still cutting off the problem before it escalates. Definitely something you need a lawyer for but it should be on the simpler side assuming everybody mostly agrees on things.

source: not a lawyer but I research property deeds and other legal blood rituals for my work

Charlesinrichmond t1_j9s3fi2 wrote on February 24, 2023 at 3:51 AM

give them a license to use

ttd_76 t1_j9sbx5l wrote on February 24, 2023 at 5:06 AM

This is pretty simple to do.

They cannot claim adverse possession if the possession was not adverse, so you just need to make it clear you are letting them rent the land with your knowledge. So draft an agreement that basically lays out the space in question and that they can lease it from you for 12 months solely for the purpose of parking their truck for the price of $1.

I mean, you should get a lawyer to do it properly. But you get the idea. As long as you make it clear that it’s your land, and you are explicitly giving them use only for some temporary period of time and specific use, they can’t claim it’s theirs. They’ve signed a statement explicitly stating they are only renting from you.