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    Post: Another Parking Issue, Virginia

    Posted by Duane on 6/29/08

    I own a peice of property in NoVa Zoned B-1. The property
    has been in our family for over 60 yrs. There's no
    physical structure nor trees on the property, basically
    it's a flat open 1/2 acre + lot.

    However, the Nonprofit Club/Restaurant next door, extended
    their asphalt parking lot over on our property, and has
    been using it for a number of years now.

    The property was aquired by my Great Grandfather and was
    Titled to my Great Aunt, who resided in Florida until her
    death. All Property Taxes were maintained current by our
    family over the years, including myself for the last 14
    years. I received clear Title to the property last year
    and currently have respected Engeering Firm completing a
    new Boundry Survey, Plat Plan and Legal description to
    update and file a Deed Correction. The original Deed
    listed approx, 3/4 of and acre, but because of a
    conveyance my Great Aunt made to the County for road
    improvements in 1968, the Deed nor the plat were never
    updated after the County widen the road in 1999

    The Club leadership have stated to me, they only knew some
    lady in Florida owned the property, but didn't know how to
    contact her to get permission to use it for additional
    parking. So they just paved it and have been using it. The
    Club is listed as a nonprofit organization. They are
    listed as a restaurant and serve alcohol. As a nonprofit
    club, they pay no property taxes.

    The Survey crew located the original property boundry
    stakes per the original Deed. They are scheduled to place
    new permanent property boundry stakes in place this week,
    and I should have the new survey plat and legal
    description ready to present to my attorney to have the
    upadted corrective Deed and Plat recorded at the
    Courthouse within a week or so.

    I believe I have done everything properly and in
    accordance with the property laws here in Virginia. The
    property is not distressed and is physically maintained in
    good order.

    The Club/Restaurant leadership has known for over a year
    now that I am the legal owner of the property. They have
    made "NO" attempt to contact me for permission or offer to
    lease my property for parking.

    Once the New Corrective Deed and Plat have been recorded,
    I intend to remove the asphalted encroachment areas off my
    property, back too the legal property line.

    First question is; Should I go to the Magistrate's office
    and file a No Trespassing complaint against the
    Club/Restaurant to take a legal stand on record, to
    prevent use of my property as parking for their use?

    Second Question is; Can a nonprofit Club/Restaurant, who's
    leadship changes annually, claim Adverse Possession,
    Hostile, just because they installed a parking lot on part
    my property and have used it for a number of years?

    Any additional advise or suggestion would be gratefully

    Posts on this thread, including this one
  • Another Parking Issue, Virginia, 6/29/08, by Duane.
  • Re: Another Parking Issue, Virginia, 6/29/08, by --.
  • Re: Another Parking Issue, Virginia, 6/29/08, by Duane.
  • Re: Another Parking Issue, Virginia, 6/29/08, by --.
  • Re: Another Parking Issue, Virginia, 6/30/08, by Duane.
  • Re: Another Parking Issue, Virginia, 6/30/08, by --.
  • Re: Another Parking Issue, Virginia, 7/01/08, by Duane.
  • Re: Another Parking Issue, Virginia, 7/01/08, by --.
  • Re: Another Parking Issue, Virginia [PS], 7/01/08, by --.

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