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CA Permissive use sample language?

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JD1000

Junior Member
Hi-
When I bought my property, it was owned by by the adjacent property owner. He has since sold that property, as well. My new neighbor has made some improvements on what we both assumed was his property, and the previous owner had built a parking area on a portion of adjoining land that turns out to be partially on mine lot, as well. I am currently okay with his use of my property, but want to protect it from problems in the future, in case he or I want to sell, etc. I understand that I can do this by giving him "permissive use". How is this done? By letter? Can someone suggest or steer me to some standard language? Does this type of thing get recorded?

Thanks for your help!
 


FarmerJ

Senior Member
If your willing to allow the nieghbor to use it go see a real estate atty to have them draw up the document so that way your interest are protected and make sure that it includes language that addresses things like maintanence of the area and also maybe to include a definition of when the use will end , like for example if the area has to be repaired or rebuilt it must be rebuilt so its no longer on your land, or spelling out a time line so that way theres a set number of years that they have to correct it or that it has to be corrected . anyway using a real estate atty will make sure that your property interest are protected . you should start out by getting a current boundry survey done before seeing a atty.
 

HomeGuru

Senior Member
JD1000 said:
Hi-
When I bought my property, it was owned by by the adjacent property owner. He has since sold that property, as well. My new neighbor has made some improvements on what we both assumed was his property, and the previous owner had built a parking area on a portion of adjoining land that turns out to be partially on mine lot, as well. I am currently okay with his use of my property, but want to protect it from problems in the future, in case he or I want to sell, etc. I understand that I can do this by giving him "permissive use". How is this done? By letter? Can someone suggest or steer me to some standard language? Does this type of thing get recorded?

Thanks for your help!

**A: one word: easement.
 

JD1000

Junior Member
Thanks FarmerJ and HomeGuru for the replies.

I hoped to avoid using a lawyer, if possible. And I do have a boundry survey; that is how I discovered that his some of his improvements are on my property. I was hoping there was some kind of boilerplate language for this situation, like "So and So has my permission to use that portion of my property where his parking area and deck currently are until I recind the permission". We don't have a dispute about the property line. I just want to make sure his use is not "notorious".

And HomeGuru, what do you mean by "easement"?

Thanks
 

HomeGuru

Senior Member
JD1000 said:
Thanks FarmerJ and HomeGuru for the replies.

I hoped to avoid using a lawyer, if possible. And I do have a boundry survey; that is how I discovered that his some of his improvements are on my property. I was hoping there was some kind of boilerplate language for this situation, like "So and So has my permission to use that portion of my property where his parking area and deck currently are until I recind the permission". We don't have a dispute about the property line. I just want to make sure his use is not "notorious".

And HomeGuru, what do you mean by "easement"?

Thanks

**A: use the search feature on this site.
 

JD1000

Junior Member
Thanks again, HomeGuru.

I know what an easement is, but I'm not sure what your answer "one word:easement" meant. Do I have to/should I give him an easement? A certain kind of easement? Can I do it myself or do I need a lawyer? Can I find sample language somewhere? Does it have to be really formal or can it be an informal thing?

Thanks for your help,

JD
 

HomeGuru

Senior Member
JD1000 said:
Thanks again, HomeGuru.

I know what an easement is, but I'm not sure what your answer "one word:easement" meant. Do I have to/should I give him an easement? A certain kind of easement? Can I do it myself or do I need a lawyer? Can I find sample language somewhere? Does it have to be really formal or can it be an informal thing?

Thanks for your help,

JD

**A: to protect yourself, you need a formal written agreement recorded on title to both your and your neighbor's property. That is why you need an attorney.
 

seniorjudge

Senior Member
HomeGuru said:
**A: to protect yourself, you need a formal written agreement recorded on title to both your and your neighbor's property. That is why you need an attorney.
I agree but I would not give the guy an easement; I would give him just a license (fewer rights than an easement).

This is NOT a DIY...get a lawyer.
 

HomeGuru

Senior Member
seniorjudge said:
I agree but I would not give the guy an easement; I would give him just a license (fewer rights than an easement).

This is NOT a DIY...get a lawyer.

**A: I would do an encroachment agreement.
 

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