Re: Another Parking Issue, Virginia

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

> 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)

The VA courts refer to "claimants" in adverse possession cases.
There are numerous cases involving corporations and clubs. The
key for the club is to show continuous possession for 15 years as
a "claimant." A non-profit, partnership, corporation, or other
quasi "person" should be able to qualify as a claimant but that
is a good question for your local lawyer. BTW you do need a VA
lawyer to look at this to protect your rights.

> 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)

That is what the law of adverse possession says. It is an
ancient concept in common law. VA is a common law state.

> 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.

Your liability to a "discovered trespasser" is usually limited to
known artificial dangers. However, you should be concerned
because the parking lot may constitute an artificial danger to
others.

Here is an excerpt from a VA case that explains some of the basic
doctrines of adverse possession in VA. I left the case citations
in if you want to look them up.

***********************************************
Grappo v. Blanks, 241 Va. 58, 61-62 (Va. 1991)

To establish title to real property by adverse possession, a
claimant must prove actual, hostile, exclusive, visible, and
continuous possession, under a claim of right, for the statutory
period of 15 years. McIntosh v. Fire Company, 220 Va. 553, 556-
57, (1979); VA Code § 8.01-236. A claimant has the burden of
proving all the elements of adverse possession by clear and
convincing evidence. Matthews v. W.T. Freeman Co., 191 Va. 385,
395, (1950).

Use and occupation of property, evidenced by fencing the
property, constitutes proof of actual possession. LaDue v.
Currell, 201 Va. 200, 207, 110 S.E.2d 217, 222 (1959). One is in
hostile possession if his possession is under a claim of right
and adverse to the right of the true owner. See Virginia Midland
R. Co. v. Barbour, 97 Va. 118, 123, (1899). One's possession is
exclusive when it is not in common with others. See Providence F.
Club v. Miller Co., 117 Va. 129, 132-33, (1915). Possession is
visible when it is so obvious that the true owner may be presumed
to know about it. See Turpin v. Saunders, 73 Va. 27, 34 (1879).
Possession is continuous only if it exists without interruption
for the statutory period. See Hollingsworth v. Sherman, 81 Va.
668, 674 (1885); Stonestreet v. Doyle, 75 Va. 356, 371 (1881).