Re: Another Parking Issue, Virginia

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On 6/30/08, -- wrote:
> On 6/30/08, Duane wrote:
>>
Thanks for your information, advise and suggestive POV's

I had read your response to Mr. Murphy's inquiry last November, with
his situation in PA. If I'm not mistaken, like VA, PA is also a
Commonwealth State.

You suggested to him, to write up a simply form like,

"I Edward Murphy owner of [describe property] give permission
>> for [their name] to use my property for the purpose of
>> [driveway etc.]. I ask no compensation for this privilege
>> except that I shall not be held liable for any accident or
>> loss because of the use of my property. I grant this
>> permission under my discretion as property owner."
>> [signed by parties]

I used this same simple format;

Permission of Use
and Personal Liability Release
Agreement

I, _M_Y_N_A_M_E_, owner of the property at [XXX1 in B, VA] give
permission to the _C_L_U_B_ located at [XXX2 in B, VA] to use my
property for the purpose of parking.

I ask no compensation for this privilege except that I shall not be
held liable for any accident, personal injury or property damage loss
because of the use of my property by the Club, it's membership and/or
guest(s) or associated vendors.

I grant this permission under my discretion as property owner.

I signed as property owner, dated and added,

Agreed to by _____________________Date________
Authorized representative of the Club

I met with the former Club president today, who I know, (smiled and
shook hands LOL) explained the jist of the liability concerns and
presented the written the letter to him. He agreed it was fair and he
was to meet with the new President later in the day and would get it
signed and call me tomorrow to pick it up. I thanked him and then
departed. Once it's been signed and returned, I thought it may be
proper to have it notarized and send them a notarized copy.

Hopefully what you stated to Mr. Murphy below would apply in my case
with any future claim situations taht may arise.

>> If they agree to this, they will be barred from claiming
>> adverse possession or prescriptive easement in the future
>> because their use/possession does not satisfy the requirement
>> of being "hostile to all other persons." Their use will
>> become permissive and may be revoked by you at anytime (even
>> a couple of seconds after they sign the agreement). This is
>> a trick way to defeat adverse possession but you don't need a
>> lawyer or lawsuit to do it.

The reason I had asked about the legal aspects of a non-profit clubs
possible claim for adverse possession, is what I had read in your
response to Mr. Murphy, regarding the "Hunting Club".

>>In your case take particular note of the requirement that the
>>use of your land by a person making a claim must have
>>been "exclusive". If this is a club with lots of members they
>>may have trouble satisfying the "exclusive use" requirement.

I read the VA cases to cited in a previous response to me and found
them most helpful. Thanks

>> 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)