Re: Another Parking Issue, Virginia

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On 6/30/08, Duane wrote:
>
> Yes, I may need a good property lawyer to make sure of my
> legal rights on this matter. A recommendation would be
> appreciated.

I don't personally know of any property lawyers to recommend in VA.
You can call the local bar association for a referral.

> 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.]

Yes if it ever becomes an issue they must prove they have adversely
possessed the property for 15 years or longer. Any indication that
their possession was permissive would defeat their claim. The
statement I have bracketed above is what you need to show permission
and that they did not intend to adversely possess the land.

> 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.

Keep it that way. If you are on good terms with them there is less
chance of trouble developing. May be you can work out a deal to sell
the property to them if you are inclined to do so. In the meantime
try to give them revocable permission, maybe for a yearly membership
or some token like that. Once there is an agreement that they have
your permission to use the land it will be very difficult for them to
later make an adverse possession claim. (not impossible but VERY
difficult)