Re: Another Parking Issue, Virginia

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On 7/01/08, Duane wrote:
> On 6/30/08, -- wrote:
>> On 6/30/08, Duane wrote:
>
> 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.

Yes I wasn't real clear in that comment. What I was alluding to was a
hunting club whose members trespass on someone's land for a long time
then try to make a claim. Difficult to prove that all those trespassers
together can make a claim. Possession must be "exclusive" to the
claimant.

However, where a club puts up a parking lot that is a different story
than a bunch of trespassing hunters.

Sounds like you are OK on this one. As for notarizing the agreement, you
must sign it in front of the notary not go to him later with a signed
letter. I wouldn't worry about it. A letter will work fine in court.
It is a heavy burden for a claimant to prove adverse possession if there
is any evidence of permissive use. These guys (the club) sound like
straight dealers. You have probably made some friends.