Re: Another Parking Issue, Virginia

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On 6/29/08, -- wrote:
> 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.

I was told once that Hostile Adverse Possession, must be an
individual who resides on the adjoining property, who claims
part of another property because he/she has used and
maintained it over a period of years. Not a Social Nonprofit
Club type organization. (like a hunting club)

Your saying, that even though my family has been paying the
property taxes on a property for over 60+ years, some
nonprofit club (not an individual) can extend their parking
lot over on our property without permission and claim it out
right as theirs? (lets say 30 yrs, without paying a dime in
property taxes)

>
>> 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.

Both my property and their's have road frontage. They have 2
entrances to parking on either side of their building, place
by the VDOT during the road widening project between 1999 and
2002. The entrance to my property is seperate and centered on
my road frontage. At some point, without permission, they
asphalted an area on my property over to include my entrance
which added 6 addition parking spaces. They are also parking
off the asphalted areas to the side in the grass on my
property.
>
> 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.

Let me clarify this point, it's not a road or a driveway
needed to access their property. They have paved an area on my
private property and use it for members and guests parking,
though they have seperate entrances to parking on their
property.

Your suggestion regarding getting a signed a written
permission agreement to use the area on my property may prove
helpful.

My additional concern is my personal liability, as the owner
of the property, for any accidents, personal injury or
property damage, that could result from their members and/or
guests use, because they serve alchohol.

>
> 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.