Posted by Duane on 6/29/08

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I own a peice of property in NoVa Zoned B-1. The property
has been in our family for over 60 yrs. There's no
physical structure nor trees on the property, basically
it's a flat open 1/2 acre + lot.

However, the Nonprofit Club/Restaurant next door, extended
their asphalt parking lot over on our property, and has
been using it for a number of years now.

The property was aquired by my Great Grandfather and was
Titled to my Great Aunt, who resided in Florida until her
death. All Property Taxes were maintained current by our
family over the years, including myself for the last 14
years. I received clear Title to the property last year
and currently have respected Engeering Firm completing a
new Boundry Survey, Plat Plan and Legal description to
update and file a Deed Correction. The original Deed
listed approx, 3/4 of and acre, but because of a
conveyance my Great Aunt made to the County for road
improvements in 1968, the Deed nor the plat were never
updated after the County widen the road in 1999

The Club leadership have stated to me, they only knew some
lady in Florida owned the property, but didn't know how to
contact her to get permission to use it for additional
parking. So they just paved it and have been using it. The
Club is listed as a nonprofit organization. They are
listed as a restaurant and serve alcohol. As a nonprofit
club, they pay no property taxes.

The Survey crew located the original property boundry
stakes per the original Deed. They are scheduled to place
new permanent property boundry stakes in place this week,
and I should have the new survey plat and legal
description ready to present to my attorney to have the
upadted corrective Deed and Plat recorded at the
Courthouse within a week or so.

I believe I have done everything properly and in
accordance with the property laws here in Virginia. The
property is not distressed and is physically maintained in
good order.

The Club/Restaurant leadership has known for over a year
now that I am the legal owner of the property. They have
made "NO" attempt to contact me for permission or offer to
lease my property for parking.

Once the New Corrective Deed and Plat have been recorded,
I intend to remove the asphalted encroachment areas off my
property, back too the legal property line.

First question is; Should I go to the Magistrate's office
and file a No Trespassing complaint against the
Club/Restaurant to take a legal stand on record, to
prevent use of my property as parking for their use?

Second Question is; Can a nonprofit Club/Restaurant, who's
leadship changes annually, claim Adverse Possession,
Hostile, just because they installed a parking lot on part
my property and have used it for a number of years?

Any additional advise or suggestion would be gratefully
appreciated.

Re: Another Parking Issue, Virginia [PS], 7/01/08, by --.

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