Re: Another Parking Issue, Virginia

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On 6/29/08, Duane wrote:

> 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?

Possibly, but they will likely tell you it is a civil matter.

> 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?

Yes they can.

> Any additional advise or suggestion would be gratefully
> appreciated.

First: Try to find out how long they have been using it. I
believe in Virginia the period of adversity is 15 years. If
they have openly used the driveway for 15 years or longer you
have a problem.

Second: A way to defeat adverse possession is to give them
permission to use the road. If the use is permissive it is
not adverse. Try to get them to sign an agreement that gives
them revocable permission to use the driveway or at least
give them permission in front of witnesses. That way a year
or two from now it will be very difficult for them to prove
adverse possession.

As a last choice I would put up barriers on the driveway. Or
you just hire a back hoe and tear it up. Not the best choice
because that will cause hard feelings and might make them
file an action in court to obtain title to the driveway.