Adverse Possession on neighboring HOA Common Property Lot

[PGHOA]

Our HOA (in Virginia) has a common property along the edge of it that abuts to another neighborhood's resident. Our property has a utility easement on it. The neighbor has put up a temporary fence on our property over that utility easement and is now asking us to transfer the property to him. The first contact about this was in 2011. He lets it grow wild, no maintenance. We would like to remove his fence, address the vines growing up our trees, and build a more definitive fence to end this dispute without costing a lot or make us raise our homeowners' assessment. We have a survey, done in 2002. He's an attorney, not RE or Zoning though. What is our recourse? If we tell him he has our permission to "borrow" our land, renewable every year, does that stop his AP claim's 15 year timeline?

 

[quincy]

Our HOA (in Virginia) has a common property along the edge of it that abuts to another neighborhood's resident. Our property has a utility easement on it. The neighbor has put up a temporary fence on our property over that utility easement and is now asking us to transfer the property to him. The first contact about this was in 2011. He lets it grow wild, no maintenance. We would like to remove his fence, address the vines growing up our trees, and build a more definitive fence to end this dispute without costing a lot or make us raise our homeowners' assessment. We have a survey, done in 2002. He's an attorney, not RE or Zoning though. What is our recourse? If we tell him he has our permission to "borrow" our land, renewable every year, does that stop his AP claim's 15 year timeline?

Why would you want to give the neighbor permission to build a fence on your property?

 

[FlyingRon]

He's trying to make it permissive use to stave off a future adverse possession claim.

You don't have to "renew" the permission. Just make sure you have it documented well. However, I'd frankly be talking to a lawyer and given the encroachment already seems to be causing you problems, I'd take action to end it. Fences are somewhat problematic. If you just "remove" one and whatever he's fencing in escapes or whatever, you could be responsible. Have a lawyer handle it.

 

[quincy]

He's trying to make it permissive use to stave off a future adverse possession claim.

You don't have to "renew" the permission. Just make sure you have it documented well. However, I'd frankly be talking to a lawyer and given the encroachment already seems to be causing you problems, I'd take action to end it. Fences are somewhat problematic. If you just "remove" one and whatever he's fencing in escapes or whatever, you could be responsible. Have a lawyer handle it.

Yes ... but why? The neighbor apparently doesn't maintain the property.