5/1 Update* Need neighbor advice

[UptaCamp]

Permissive use would negate the required element of adverse possession that the neighbor be using your property without your permission and in a hostile or adversarial way.

So, a temporary solution --which could last decades-- might be to have a written agreement (contract) where your neighbor is allowed to use (drive across) those dozen square yards of your property,
until a certain date, in exchange for some consideration (he pays you)
or even without $$- you just give your permission gratuitously.

This doesn't do such a great job of his taking advantage of you and being negligent with his driveway installation, but it could kick the can down the road and postpone the future fight over how to deal with this encroachment without running the seven years' of a prescriptive easement.

The years where the neighbor is using your real estate with your permission would not be counted towards the total of seven "hostile" years required.

PS: I'm not a real estate attorney; I think I got a "D" in that class in law school,
and I have done no recent legal research on this topic...so it ain't legal advice!

Dually noted, but I appreciate the input

 

[fattboyzz]

just be honest an tell dude you need to chat for a solution.

 

[UptaCamp]

just be honest an tell dude you need to chat for a solution.

That's going to be my first step. I am uncertain of what his reaction might be.

He additionally dumped the old demo'd concrete drive pieces on the back corner of my property (which hasn't been a huge issue since I'm not currently using the corner and he says he will get rid of it, but still yet to be done).

 

[fattboyzz]

That's going to be my first step. I am uncertain of what his reaction might be.

He additionally dumped the old demo'd concrete drive pieces on the back corner of my property (which hasn't been a huge issue since I'm not currently using the corner and he says he will get rid of it, but still yet to be done).

Sounds like he thinks whats yours is his.

 

[UptaCamp]

Sounds like he thinks whats yours is his.

Yeah, I agree. I've been trying to give him the benefit of the doubt, but that time is up.

 

[HoopDawg42]

Next door neighbor had the other neighbor put up a high dollar fence 4 feet over the property line. His wife was an attorney, offered the opportunity to either move the fence and remediate the disturbed area or buy the strip. Neighbor found it cheaper to buy the strip.

Do not wait, time is your enemy on legal matters.

Now there's an idea...build a fence along your property line and take advantage of the new concrete.

 

[InTune]

Could be a stumbling block for buyer to get title insurance when survey reveals said encroachment

 

[gh1950]

The period in which an easement can be created starts when you become aware of the encroachment, and know that it amounts to a claim of privilege. Congratulations, you have documented that fact.

The 7 years thing only creates a presumption, the period can actually be shorter, depending on the circumstances.

 

[killerv]

Welcome to my world.... Bibb County.

Bibb sucks, glad we moved from there. My tax value jumped 40% one year, like a lot of other folks. Appealed it and that was a waste of time. Then it jumped way up again, I went down and sat with one of the accessors. Said my 450sqft sunroom was why, which had been there for years, well before we bought it. Said it was heated and cooled, She pulled up pics, one was where they leaned over the fence and took a picture of the back of the sunroom...with the ac window unit in it. I had to tell her that window units do not count, and she agreed, but evidently it did when the value went up, they just though no one would question it. She wouldn't fix it on the spot, and said I had to wait until the tax bills went out to appeal it and then bring it to their attention.

 

[Gaffer1968]

The period in which an easement can be created starts when you become aware of the encroachment, and know that it amounts to a claim of privilege. Congratulations, you have documented that fact.

The 7 years thing only creates a presumption, the period can actually be shorter, depending on the circumstances.

If I understand correctly about all of it is that if you claim your property at least once each 7 years by taping/cordoning/etc. it offsets the encroacher's 'claim' and cannot be realized as legal. I remember in Old Roswell by the old theater where part of a parking lot was subject to this kind of encroachment and they roped off that part of the encroached area to keep whoever the squatter was off legal standing.....