property use on neighbors land

[citizenanon]

What is the name of your state (only U.S. law)? RI

We have owned a property for 32 years and, during that time, have used a portion of adjoining land (undeveloped) for horse trails, gardens, etc. It is buffer land which we assumed was government-owned, open land. We flattened a section of the hilly land, taking out some soil in the process. This was all done when the house was being built, over 30 years ago.

We have now gotten a lawyer's letter stating that we've encroached land belonging to a homeowners association and asking that we "rehabilitate" the land and move objects such as a bench and wooden fence.

This development was not even built until over ten years after we had built our house, and we've never received any correspondence until now.

We don't mind moving anything off but do not want to have to bring in thousands of yards of fill to rebuild a slope that hasn't been there for 30 years!

Do we have any rights to the land, under squatters rights or adverse possession? Any advice appreciated.

 

[justalayman]

how much money do you want to throw at this?

You would have a valid claim of a prescriptive easement from a quick review of the laws. If you want to maintain use of the land, it is likely you could.

as to repairing the land; I wouldn't be too concerned about it as it was done 30 years ago. They are way beyond any statute of limitations that would allow them to seek damages. Of course, that wouldn't stop them from suing you though if they so chose.


edit: did you say THOUSANDS of yards? You moved thousands of yards of dirt? Why would you ever do that on property you didn't own?

 

[sally1]

I would remove any encroachments and hopefully they will let the rest go.

 

[154NH773]

As noted; you should determine how much you are willing to spend.

You might have a case for claiming the land by adverse possession. That would require you to file such a claim in the courts, and while you may think you have a good case, courts are a crap-shoot.

In RI the burden of proof upon one asserting a claim of adverse possession is by clear and convincing evidence. Alteri v. Dolan, 423 A.2d 482 (R.I. 1980). You must establish that your possession of the disputed area has been actual, open, notorious, hostile, under claim of right, continuous and exclusive for the ten-year statutory period. Lock v. O’Brien, 610 A.2d 552 (R.I. 1992).

Your removal of the soil might create the elements of "open, notorious, hostile", if you can prove it. You will have to prove all elements necessary for adverse possession, and even then the courts may not side with you.

Talk to a lawyer, but be mindful that he will probably tell you what a great case you have, and then two years down the road (and lots of money spent) will warn you that the case could go any way.