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    Re: Property possession

    Posted by -- on 11/27/07

    Go to them (smile a lot and shake hands with everyone) and
    tell them everything is OK with you and you want to give them
    permission to use the property as they are now using it. All
    you want from them is a statement they won’t hold you liable
    if something happens. Put it in a very simple written form.
    For example:

    "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]

    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.

    One other thing you need to look for to be sure they don't
    have a valid easement. If their property is "land locked"
    they may have an “implied easement” or “easement by
    necessity” across your property. If so you are stuck with

    On 11/27/07, Edward P. Murphy wrote:
    > I own a large chunk of property in pennsylvania which has
    > been handed down to me from my grand fathers generation.
    > Bordering my property is a hunting cabin which after
    > surveying has an out building on my property and to my
    > suprise he has a driveway on it also. The ground is
    > posted every year by me personally, and each year the
    > posted signs appear to fall off the trees in this area
    > only. I noticed the driveway expanding when more of his
    > company visits, onto more of my property. They were asked
    > by me on several occasions to remove the cars and if they
    > were aware of the property lines. (they said they are and
    > were sorry) This property is owned by a hunting club not a
    > person according to tax records. The people I talk to are
    > just members I guess. I am 40 years old and this has been
    > this way even before my time. No legal action has been
    > taken by either party at this point. My question is what
    > can I do now to prevent any kind of squatters rights or
    > something similar to that affect? Thanks Edward P. Murphy

    Posts on this thread, including this one
  • Property possession, 11/27/07, by Edward P. Murphy.
  • Re: Property possession, 11/27/07, by --.
  • Re: Property possession, 11/28/07, by Ed Murphy.
  • Re: Property possession, 11/28/07, by --.
  • Re: Property possession, 11/28/07, by Ed Murphy.

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