Neighbor Parking on my Propery

[iflylow74]

What is the name of your state? Arkansas.

My family and I have lived at our home for about 5 1/2 years. My neighbor and I share a drive way. The drive way is the shape of a "Y", to the right is his property, to the left is mine. I noticed last summer my neighbor mowing more and more of what I thought was my property. At the time, I really only had a vague idea of the property line. I hired a survey and it was found that the property line is about 1ft from his mobile home. The problem is, he has a small 6'x6' shed on my property and worse, the area where he parks is almost completely on my side. After the survey, the neighbor said he would move the shed and I informed him of my intentions to place a fence on the propery line. Soon after, I started my fence by placing posts at each surveyors flag so they wouldnt be blown away or damaged. I came home one day to find my neighbor had remove one of my fence posts stating that it was in his way when parking. Now he makes a point to run over my survey flag when he parks. I told him again about building a fence to which he said he had a right to park on me and that he would not move his cars so I could build my fence. He has plenty of room to park on his own side. My question is, does anyone know if Arkansas allows tacking in adverse possesion? Before the survey I thought he was parking only a foot or so on my property and I gave hime verbal permission to do so. With the new survey, does that verbal permission reset the 7 year adverse possesion clock? Thank you.

 

[HomeGuru]

What is the name of your state? Arkansas.

My family and I have lived at our home for about 5 1/2 years. My neighbor and I share a drive way. The drive way is the shape of a "Y", to the right is his property, to the left is mine. I noticed last summer my neighbor mowing more and more of what I thought was my property. At the time, I really only had a vague idea of the property line. I hired a survey and it was found that the property line is about 1ft from his mobile home. The problem is, he has a small 6'x6' shed on my property and worse, the area where he parks is almost completely on my side. After the survey, the neighbor said he would move the shed and I informed him of my intentions to place a fence on the propery line. Soon after, I started my fence by placing posts at each surveyors flag so they wouldnt be blown away or damaged. I came home one day to find my neighbor had remove one of my fence posts stating that it was in his way when parking. Now he makes a point to run over my survey flag when he parks. I told him again about building a fence to which he said he had a right to park on me and that he would not move his cars so I could build my fence. He has plenty of room to park on his own side. My question is, does anyone know if Arkansas allows tacking in adverse possesion? Before the survey I thought he was parking only a foot or so on my property and I gave hime verbal permission to do so. With the new survey, does that verbal permission reset the 7 year adverse possesion clock? Thank you.

**A: send neighbor a certified rrr letter requesting that the shed be removed from your property. Also include a copy of your recent survey map. INclude in oyur cover letter the verbal permission you gave and then state that the verbal permission is no longer in effect.
Those actions would quash any AP claim (if any). Then construct a CMU wall on your property.

 

[iflylow74]

**A: send neighbor a certified rrr letter requesting that the shed be removed from your property. Also include a copy of your recent survey map. INclude in oyur cover letter the verbal permission you gave and then state that the verbal permission is no longer in effect.
Those actions would quash any AP claim (if any). Then construct a CMU wall on your property.

Thanks Guru; I forgot to mention in my post that on the advice of a sheriff's deputy, I did send a certified letter informing them to move their property within 14 days. I didn't include the survey map or mention the verbal permission. (although last I spoke with him, he brought up the verbal permission himself). I should have checked here first! The funny thing is, my neighber doesn't disagree with the survey, he's told me several times that he agrees with where the line is, he just refuses to stop parking there. The day after the survey, he even said he would move the shed but so far (2 months) has made no effort. According to the sheriff, I can swear out a warrant for my neighbors arrest if he doesn't move after the 14 days. He recieved the letter last Wednsday and so far shows no sign of moving.
Thanks again!

 

[HomeGuru]

Thanks Guru; I forgot to mention in my post that on the advice of a sheriff's deputy, I did send a certified letter informing them to move their property within 14 days. I didn't include the survey map or mention the verbal permission. (although last I spoke with him, he brought up the verbal permission himself). I should have checked here first! The funny thing is, my neighber doesn't disagree with the survey, he's told me several times that he agrees with where the line is, he just refuses to stop parking there. The day after the survey, he even said he would move the shed but so far (2 months) has made no effort. According to the sheriff, I can swear out a warrant for my neighbors arrest if he doesn't move after the 14 days. He recieved the letter last Wednsday and so far shows no sign of moving.
Thanks again!

**A: ok, keep us posted.

 

[iflylow74]

I have a new development with my neighbor situation. I came home Monday to find my surveyors flag was no longer flat from them running over it. I though, ok, maybe he is trying to do the right thing by straightening the flag. Apparently, he not only straightened the flag, he moved it towards my property about a foot or so! I know this because I have a half dozen fence posts that I placed just inside the property line and now the flag in question is no longer on the line. Should I call the cops about this or just wait until the fourteen days (next Wednesday) are up to react? Thanks again.

 

[SnowCajun]

I have a new development with my neighbor situation. I came home Monday to find my surveyors flag was no longer flat from them running over it. I though, ok, maybe he is trying to do the right thing by straightening the flag. Apparently, he not only straightened the flag, he moved it towards my property about a foot or so! I know this because I have a half dozen fence posts that I placed just inside the property line and now the flag in question is no longer on the line. Should I call the cops about this or just wait until the fourteen days (next Wednesday) are up to react? Thanks again.

I'm not an attorney nor do I pretend to be one, but I'm 55 years old and have been through some of these things before myself. Personally I would spend $50 and check with an attorney, then send this idiot a certified letter stating that his parking on your property is not acceptable and continuation of this practice will result in towing of his vehicle from your property at his expense, and be sure to set a date for that to begin, two weeks notice, or maybe even a month.

Also, since your survey showed he's truly parking on your property, and doing so ever after being told not to trespass, then I'd speak with the local law enforcement agency about his trespass issues, but verify that with the attorney consultation also. I think also he may be breaking the law by moving your certified survey flags for his benefit, if you can prove he's actually done that! Each time he does such a thing would make him responsible for paying for a new survey to correct his "damage", and make sure to word it as damage because he's changed what you paid for! Maybe a small security camera triggered by movement might be a good idea.

Don't let this guy bully you, if he's parking on your property against your wishes then that's called trespassing, and after a legal warning, the certified letter I mentioned, my understanding of the law would be that he could be arrested if he refuses to stop. Your property is your property and he needs honor that and stay off of your property.

My 2 cents anyway,
Good luck with this mess,
SnowCajun

 

[iflylow74]

I'm not an attorney nor do I pretend to be one, but I'm 55 years old and have been through some of these things before myself. Personally I would spend $50 and check with an attorney, then send this idiot a certified letter stating that his parking on your property is not acceptable and continuation of this practice will result in towing of his vehicle from your property at his expense, and be sure to set a date for that to begin, two weeks notice, or maybe even a month.

Also, since your survey showed he's truly parking on your property, and doing so ever after being told not to trespass, then I'd speak with the local law enforcement agency about his trespass issues, but verify that with the attorney consultation also. I think also he may be breaking the law by moving your certified survey flags for his benefit, if you can prove he's actually done that! Each time he does such a thing would make him responsible for paying for a new survey to correct his "damage", and make sure to word it as damage because he's changed what you paid for! Maybe a small security camera triggered by movement might be a good idea.

Don't let this guy bully you, if he's parking on your property against your wishes then that's called trespassing, and after a legal warning, the certified letter I mentioned, my understanding of the law would be that he could be arrested if he refuses to stop. Your property is your property and he needs honor that and stay off of your property.

My 2 cents anyway,
Good luck with this mess,
SnowCajun

Thanks Cajun. I did actually speak with an attorney who said I have a good case, ufortunately, his fees were around $2000 to take my neighbor to court or $700 to send him a letter to move. Too much for my wallet unfortunately. After speaking with a sheriff's deputy, I sent him a certified letter telling him to move within 14 days. Well, next Wednsday is the 14th day and so far, he shows no signs of moving anything but my survey flag! The only thing that scares me is if Arkansas allows tacking on the time that the previous owner parked there. I know he has only owned the property about 5 1/2 years or so but until this October, I thought the property line was only a foot or two into where he parks and I gave him permission for that. I will keep yall updated!

 

[sarah12]

You can't get local law enforcement to make them move? Here if someone is on your property in any way shape or form or if they put something on your property and you don't want it there after telling them to remove it and they don't you can call the police and they will come out and make them move. After filing a complaint a couple times and having police as evidence that there was a problem you would have a better chance in court.

Also get a cam corder and post it up in your house but on the flag the surveyor left. Go get the surveyor to come back. Then see if the guy moves it again. Make sure you have date/time stamp on recorder. That might help or it may not. But atleast you would have proof he's out there moving a flag. Recording worked for someone I know last year. One of the tenants that no longer lives in our apartments was severly bi polar and off her meds. She started going crazy in the parking lot one day so we got our camcorder and started recording her from our window. She ended up throwing rocks at one of the neighbors cars and did some damage. They took the camera plus their car to the cops and she got arrested two days later. And she had to pay for fixing the car.

 

[iflylow74]

You can't get local law enforcement to make them move? Here if someone is on your property in any way shape or form or if they put something on your property and you don't want it there after telling them to remove it and they don't you can call the police and they will come out and make them move. After filing a complaint a couple times and having police as evidence that there was a problem you would have a better chance in court....QUOTE]

Hi sarah,

Yes I can have the sheriff or a deputy come out. In fact that is the next step for me. I spoke with a deputy a few weeks ago and she said she could ticket him right then. I should have let her but instead I choose to give him one more chance and I sent him a certified letter giving him 14 days to move. Today is the last day of the 14 days and he shows no sign of moving. Tomorrow morning, if (when) he still hasn't moved his stuff off my property, I will be calling the sheriff to come out and take care of the situation. I will keep you guys posted and I will try to post some pics of where his is parking on my property. Thanks again.

 

[iflylow74]

New development

Today I emailed the sheriff reminding him of my situation and asking if I could call out a deputy tomorrow if my neighbor does not move. The following is his reply (names removed);

You will need to go to the District Court Clerk's office at the
City Hall and file an affidavit for his arrest for criminal
trespass. The prosecutor's office will have to review the affidavit and make
a decision on an arrest warrant. Once a warrant is issued, we then take
action to serve the warrant.

Even though he has been a total jerk to me, I really hate that this guy may be arrested for being stupid! I feel like Im between a rock and a hard place. I dont want to loose my property to adverse possesion, but I hate to have to take things this far. Also, if I do swear out a warrant and this guy gets arrested, what if he ends up having a legitimate claim? Could I be sued for false arrest? I was really hoping a deputy could just come out and warn him to move his stuff and mabe that would scare him into moving. What do you guys think?

 

[iflylow74]

Pics

I called the local sheriffs office yesterday and had a deputy come out and talk to my neighbor. He told the deputy that it is a property line dispute and that he has "papers" that say the area he is parking on is his. Of course the deputy couldn't do anything so she left. Up untill now, he has always told me he had no problem with where the survey put the line. Tomorrow I will consult a lawyer and sue his pants off!

Here are some pics of my situation;

View straight down the line with his cars on my side;
http://i166.photobucket.com/albums/u105/iflylow74/propertyline.jpg

Flat survey flag (orange spot in circle) after he ran over it;
http://i166.photobucket.com/albums/u105/iflylow74/flatflag007.jpg

Survey flag after he straigtened it and moved it 1-2 ft my way.
http://i166.photobucket.com/albums/u105/iflylow74/movedflag.jpg

View of his favorite parking spot on me, because my property is way nicer to park on than his!!
Usually there are more cars than this.
http://i166.photobucket.com/albums/u105/iflylow74/CarsandShed.jpg

The blue truck he always leaves so I cant put up a fence while hes not home;
http://i166.photobucket.com/albums/u105/iflylow74/Truckonme.jpg

 

[lawstud]

You will not have to worry about adverse possession if you gave him permission, ever.

First off,
Write to him that he has permission to park there, 3 days later write to him that permission is being revoked.
--- when a person has permission there is not adverse possession. So the fact you had given him permission in the past does not mean it was adverse, i.e. open and notorious. Now that he is refusing to move his truck, that is when the clock starts running on adverse possession. Also, adverse possession usually requires that the person pay property taxes on the land. That is what you have been doing, not him. So its not his.

After the permission being withdrawn you have a right to tow him, build the wall and erase any adverse possession claim!

Police follow judges and basically handle criminal matters. For this kind of issue they will just keep the status quo. So do what the policeman said in his email. File the criminal trespass action. Your property is your exclusive possession so do let it happen.

After he is arrested. Have the police make him move it or just call the city whenever and have them tow it. So, after arrested, move the vehicle and then build your wall, on your side of the property line to be safe (some jurisdictions differing when its on the property line). Since its on your side of the line then if he decides to damage it you sue him for the damage.

If he tries to sue you and claim adverse possession you will have your ducks in a row and can show any judge that you gave permission and it was withdrawn. You might even counterclaim for intentional trespass.

Intentional trespass is huge. I saw an elderly couple, they own a nice big piece of land. A developer wanted to drag a mobile home across the land because it was a lot cheaper than moving it down the road and through a bunch of tress and such. The elderly couple refused to let them cross the land. One morning they woke up and there was that huge trailer getting dragged across their land. The driver did not know what to do when confronted and the cops just basically stopped it. The couple sued them and got $1 nominal damages, and $50,000 punitive for trespassing, not some accident of course and it was malicious, but importantly the couple refused it. Point, your property rights include exclusive possession and the courts uphold it.

Now get the bub arrested. What he told the cops will basically keep them away until a judge gives the police a warrant. Cops take oaths to obey judges not you, so get the judge on your side, get a paper trail, then move forward. Do not be too aggressive, think that a judge will read what you write so be accommodating, tell them they have a short time to comply, like 3 days, then its up for them.

What does he have???
Well if you go civil too quickly he might say he has an easement, a right of way across your land to park his cars. But that requires adverse possession as well, and some open, notorious and continuous use. So just go criminal and have the wall built to prevent any defense lawyer arguing easement and costing you a few grand to fight it.

 

[lawstud]

a word of caution.

Secondly, after giving and denying permission.

Warn him he will be surely arrested and that he is forcing you to do that. That way when he is arrested he will realize it was his own mistake. He would probably hope to tell cops its a civil matter again, but if he finds out that a judge will issue a warrant and you'll have your day in court then he might not be so stubborn. That should help considering he is your neighbor and do not want bad blood and vandalism worries.

He if will not budge, move your poles back and set up a camera. I think moving the poles and flags and catching him doing it will make a slam dunk case in court for him trespassing, so film it. Proof is essential, unless he admits it in court which is very unlikely.

Also, he sure to include all you documents about property lines and what the surveyor gave you when going to file the trespass. Also, having the video to show the prosecutor is going to make him think also that he has a much easier job and will file it with a judge. I've seen complaints given and nothing ever comes of it unless the person nags them, then usually they say there is a lack of evidence.

This is just what I would do in this hypothetical example I've given. This is just advice.

 

[lawstud]

"I dont want to loose my property to adverse possesion, but I hate to have to take things this far. Also, if I do swear out a warrant and this guy gets arrested, what if he ends up having a legitimate claim? Could I be sued for false arrest"

Like I said with the permission given and revoked you will be fine. You only gave him permission anyways for a foot, not seven feet. So just give permission and then revoke it.

False arrest? As long as you do not make up anything like he is from Mars. If you can show basically that you think as a reasonable person with the information that you have think he is committed this trespass then the affidavit will be enough for a warrant.
Just to make sure mention how he moves the poles from the surveyor and intentionally is trespassing even after the surveyor came and refuses to admit where the line really is.
\
ahh its late, later

 

[iflylow74]

Thanks Lawstud for the advice. Since my last post, a couple of things have happened. First, I saw my neighbor out driving short wooden posts in the ground all along the survey line. Then, he came back and put no trespassing and keep out signs on them. At least he put them on the actual property line more or less. The funny thing is, he placed two no trespassing signs on the property line directly in front of HIS two vehicles that are parked (trespassing) on my property, and they were facing his vehicles!!! That afternoon, I spoke with and retained an attorney. He seems to think I have a good case. He seemed more concerned with the shed on my property than with the parking issue due to the fact that we dont know how long the shed has been there. My attorney is sending my neighbor a certified letter so maybe that will cause him to back down. I will post some pics of the signs he put up in front of his own vehicles. Thanks again.