Re: Another Parking Issue, Virginia

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

Yes, I may need a good property lawyer to make sure of my legal
rights on this matter. A recommendation would be appreciated.

The Club also had 2 storage buildings located on my property.
After the Deed was recorded in my name, I sent them a Certified
Letter addressing the possibility of leasing the property to them.
They removed the storage buildings shortly after. I can only
assume this was done to reduce the monthly lease fee. I had not
pursued this yet as I needed to get the new updated survey, plat
and legal description completed and recorded to know exactly where
the property boundry is located.

I'm not sure if this would be a legal point on for my benifit, but
I was told by one of the former club officers that the adjoining
neighbor had given them verbal, indirect, permission to park on
our property and his, as long as they take care of it, because my
Great Aunt had asked him to keep an eye out on the property after
she and my uncle had moved to Florida. As my Great Aunt and Uncle
have since passed away, including the former neighbor and his wife
and their property has been sold, all I have is the statement from
this former club officer as to the verbal indirect permission.

My Aunt had passed away a short time before the club had purchased
their property. My Uncle had bone cancer and never returned to
this area prior to his death in 1991. The Club never knew how to
contacted my Great Aunt and Uncle, nor knew nothing of their
deaths. All the club knew is that quote: "Some old lady in Florida
owned the property". The gravel area the club had been using for
parking was asphalted sometime after the road widening was
completed in 2002.

>

> 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.

I had read your response to the gentleman in PA, ref the Hunting
Club issue and the written permission letter, along with the
smiles and hand shaking. I was thinking about doing the same thing
with ref to my situation here in VA.

Would sending the Club, by "Certified Mail" Return Receipt, a form
letter giving permission to use said property, free of charge and
requesting the authorized club officials sign a release form,
releasing me from any personal liabilty for any accidents,
personal injury or property damage that may occur by their use of
my property for parking by their membership and/or guests, and
return it, be legally sufficient?

Let me point out that there's no conflict nor hard feelings that I
am aware of between the Club and myself at this time. I have known
many of the members there for years. They just never knew I was
directly related too and the heir to the property owner.

>
> 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).