Encroachment Issue

What is the name of your state? Alabama

I inherited some rural land from my Mother at her passing (out of state to me in Al). Mom always knew that a company was encroaching on her land but due to her health, she was unable to go and look to see to what extent. After her passing, I had the land surveyed to divide it into two parcels, to give one to each of my daughters. During the survey, the land surveyor called and told me that the company was built all over an easement that had been given for egress and ingress and one building was even built off the easement onto another portion of our land. I contacted a local lawyer and a suit was filed to stop any adverse possession claim that this company was planning. (Which they were, I was told by the lawyer). In response to my lawsuit, this company claims they had permission from my Mother to build and pour concrete and gravel and continue to do business on this land for almost 10 years (9+). This is not true. My Mother was always concerned about them being there. They also said that no one ever told them to get off. Which that claim is possible as my Mother was not one to want to make waves in the community she lived in.
This company did, in their response to the suit, state they were filing an adverse possession claim to the buildings that may or may not encroach on my land. Now, this company has sent word to my lawyer that they are tearing down parts of their main building that my be on any of our land and they also wanted to know if I wanted the free standing building for my own. It is nothing but, a concrete slab a few two by fours and some sheets of aluminum - three sided and all beat up condition. Our lawyer now says that since my Mother basically gave them a 'waiver' to be there by saying nothing. And since no one ever told them to get off there may be no monetary claim for rental. She said that the court might award some Nuiansance value to us for him being on the land for nine plus years but not to expect more than that. She said we could make an offer to him to sell him the portion that he is on. Before he starts to tear anything down otherwise all is mute. Now, my first question is this, is our lawyer doing all she could be doing? And if so, how do I set the price for the portion of land he has been on for so long. And please don't ask me to discuss this with my lawyer as all she has told me "is that she can not tell me what to do". All I want is what are my options and how should I proceed? Thank you What is the name of your state? I live in Illinois - land is in Alabama

tugirls said:

What is the name of your state? Alabama

I inherited some rural land from my Mother at her passing (out of state to me in Al). Mom always knew that a company was encroaching on her land but due to her health, she was unable to go and look to see to what extent. After her passing, I had the land surveyed to divide it into two parcels, to give one to each of my daughters. During the survey, the land surveyor called and told me that the company was built all over an easement that had been given for egress and ingress and one building was even built off the easement onto another portion of our land. I contacted a local lawyer and a suit was filed to stop any adverse possession claim that this company was planning. (Which they were, I was told by the lawyer). In response to my lawsuit, this company claims they had permission from my Mother to build and pour concrete and gravel and continue to do business on this land for almost 10 years (9+). This is not true. My Mother was always concerned about them being there. They also said that no one ever told them to get off. Which that claim is possible as my Mother was not one to want to make waves in the community she lived in.
This company did, in their response to the suit, state they were filing an adverse possession claim to the buildings that may or may not encroach on my land. Now, this company has sent word to my lawyer that they are tearing down parts of their main building that my be on any of our land and they also wanted to know if I wanted the free standing building for my own. It is nothing but, a concrete slab a few two by fours and some sheets of aluminum - three sided and all beat up condition. Our lawyer now says that since my Mother basically gave them a 'waiver' to be there by saying nothing. And since no one ever told them to get off there may be no monetary claim for rental. She said that the court might award some Nuiansance value to us for him being on the land for nine plus years but not to expect more than that. She said we could make an offer to him to sell him the portion that he is on. Before he starts to tear anything down otherwise all is mute. Now, my first question is this, is our lawyer doing all she could be doing? And if so, how do I set the price for the portion of land he has been on for so long. And please don't ask me to discuss this with my lawyer as all she has told me "is that she can not tell me what to do". All I want is what are my options and how should I proceed? Thank you What is the name of your state? I live in Illinois - land is in Alabama

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Q: Now, my first question is this, is our lawyer doing all she could be doing?

A: Yes, based solely on what you say.


Q: And if so, how do I set the price for the portion of land he has been on for so long.

A: Hire an appraiser.


Q: All I want is what are my options and how should I proceed?

A: It doesn't sound to me (based on your statement of facts) that y'all have suffered any damages. Be glad the company is moving off your land.

Thanks, I appreciate your taking your time to answer me.

The situation has progressed …

I offered to sell this company the entire acreage that surrounds them. They refused the offer and countered with wanting to possibly purchase just the one acre they were on and at ‘their’ price. Since, they seem to be building out on all three sides of their property lines (encroaching on me all the way around) I am refusing to sell just the one acre. This piece of land that they want includes an easement given for egress and ingress to the back of the building and for a very small portion of the main mfg plant to sit on. It was a generous sized easement but it stated clearly for egress and ingress only around that one portion of the building. This company has taken advantage of this easement by building buildings, pouring concrete, laying gravel, storing their manufacturing materials, and even creating a gravel parking lot for their employees on it. These additions are all located on and over the easement lines even encroaching onto my land that is surrounding the easement!

In my earlier letter to you I wrote that we did get this company stopped from filing an ‘Adverse Possession’ claim for the land that he was on. My lawyer seemed to be very good in the beginning until we got the first response to the suit where he stated he had my Mother’s permission to be there. (Which he did not!) Now, my lawyer, is telling me that since my Mother (when she was alive) did not go to the company and tell them to get off he still has a right to continue to be there. I question this … is it right? My Mother has passed and all of the land and easement surrounding this company belongs to me and I don’t want him on my land. Does he still have a right to be there and build on the land even though the easement that he is on, states clearly that it was given only for egress and ingress? Also, if he chooses to not buy the surrounding property, and he chooses to get off the property can I state how I want him to get off? Can I get my surveyor to go out and draw a line along my property line and easement line telling the company to get everything off of my land and easement that is past the road that was designated in the easement for egress and ingress? Can I get him to clean the land and easement he was on and to restore it to the original condition it was in before he built on it? And can I put up a fence along my property lines and the edge of the easement road even though the easement that was given may be wider than just the road that was designated for egress and ingress to keep him from doing this again?

I hate to say this but, I am seriously wondering if my lawyer is working with the other side or is just not competent enough to handle this matter. It is a small town and the man that owns this company has a lot of money and supposedly stands highly in the community. Also now, my lawyer is being very hard to get in contact with and is being very difficult when talking to. Your guidance and opinions would greatly be appreciated. Thank you
The property is in the state of AL.

I didn't read the entire post, too big.

What I did see is that they claim your mom gave permission.
This is actually a good thing for you. Now that you are the owner, you can revoke that permission. If permision was given, there can be no adverse possesion or prescriptive easement claim, they had license to be on the land. Licenses are revocable.
Unless this guy has a contract for a determinate period of time, send him a cease and desist letter and tell him to remove all of the buildings and materials and return the land to its' original state or you will have it done and expect payment from him for it.



btw: I am not an attorney so do not depend solely on my advice or info.....but I did sleep at a Holiday Inn Express last night

thanks for the imput ... very good thoughts

btw .. I hope you rested well

tugirls said:

thanks for the imput ... very good thoughts

btw .. I hope you rested well

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I take it my reference to the commercial for HIE is lost in any place besides my home area?? Every time I put that there, nobody gets it. I am so depressed. I wanted to start another carreer as a comic and I fail**************...every darn time.

Oh well, back to the grind as an astro-physicist.

justalayman said:

I take it my reference to the commercial for HIE is lost in any place besides my home area?? Every time I put that there, nobody gets it. I am so depressed. I wanted to start another carreer as a comic and I fail**************...every darn time.

Oh well, back to the grind as an astro-physicist.

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Hey I thought it was funny .... but then I have a pretty warped sense of humor.

1 additional thought ...

"And can I put up a fence along my property lines at the edge of the easement road? Even though the easement that was given may be wider than just the road that was designated for egress and ingress to keep him from doing this again?"

This is an issue that my lawyer and I are not agreeing on ... she seems to think that he has a 'right' to be there and that I do not have the right to tell him what to do in this matter. I am really beginning to think my lawyer is working with he other side or is just very imcompentent.

You cannot put a fence on the easement,,,,,at all. You can put one along the edge of the easement, but cannot do anything to interfere with the dominant tenants rights to use said easemant. The other thing though is that you state this is defined as an ingress/egress easement. Unless there are any controlling recordings allowing otherwise, he cannot build on the easement. It is for access only.

tugirls said:

"And can I put up a fence along my property lines at the edge of the easement road? Even though the easement that was given may be wider than just the road that was designated for egress and ingress to keep him from doing this again?"

This is an issue that my lawyer and I are not agreeing on ... she seems to think that he has a 'right' to be there and that I do not have the right to tell him what to do in this matter. I am really beginning to think my lawyer is working with he other side or is just very imcompentent.

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Tell your attorney to pull her heas out of her butt and write a CEASE and DESIST letter and also a DEMAND letter requiring the company to produce any and all 'permission' executred by mom for the use of private land for the company's benefit.

Thanks again ... thats what I thought. There is a deed of easement that clearly states egress and ingress only but it was generous in size and they really took advantage of that.

But, I am just so aggrevated with this lawyer and this company and their 'right to anything they want' attitude, that I just want my easement back and just to leave them with no way around their building at all, and for anything they have placed on my land OFF!

I have another question ...

since I own the land can I revoke a deeded easement? or change the size of the deeded easement?

Q: since I own the land can I revoke a deeded easement? or change the size of the deeded easement?


A: No. You may own the land but the other folks own the easement (i.e., the right to go over your land).

BelizeBreeze said:

Tell your attorney to pull her heas out of her butt and write a CEASE and DESIST letter and also a DEMAND letter requiring the company to produce any and all 'permission' executred by mom for the use of private land for the company's benefit.

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The more poster posted, the more I came around to agree with you, BB!