adverse possession

[jjoan]

Our neighbor connected to our fence approx 5ft on to our line. We have a wood fence and his is pvc. He told us he did not want to cut a section but he was going to use a gate. He has an access to his patio on the other side of his driveway. The gate was the exact size needed to connect. This past weekend we woke up to loud machines , He had the gate area inside done with pavers on our property. He was planning a shed for garbage in L shape garbage facing us. He then was having the paver quote a price from the gate to his driveway. I confronted him at this point and asked what he was doing. We had only agreed to connect. He had me beleive the gate was being used for size not a new access. We have been friends and hope to resolve this.
The development is two years old. anyway I told him he had no right to assume that property and should have asked us before he put pavers in. He agreed he should have asked and appoligized. He change the direction of the fence shed to face the woods. He did not offer to rip up the pavers but halted the walkway. We hope to do this diplomatically. He may or may have not had these plans but the property line was clear. We gave permission to connect to our fence but not to using pavers for a platform and providing an access to a fence shed that is on his property. We do not want to cause bad feelings but he has. What do we do? Can he sign a note saying this was done without consent and would rip them up at the time his or our house goes on the market. Am I making a big deal out of this I feel taken. Can he claim this property. it is only 16 or 20 sq ft will it become a problem. This is in New Jersey 400,00+ nieghborhood . Please no revenge answers.

[This message has been edited by jjoan (edited July 11, 2000).]

 

[Tracey]

Have him sign a yearly license agreement. He pays you a yearly fee in exchange for you not requiring him to remove the pavers or gate *this* year. Include in the license agreement that he has to remove any development & return the land to its original condition (turf) anytime you desire, & that he makes no claim of ownership regarding the land. Record the agreement on both parcels to give notice to one & all that the land is yours & the time limits for adverse possession have not begun to run. You may also wish to require him to carry liability insurance on the land.

Your alternative is to sell him the land outright, or to sue him to force him to remove the pavers & then move the fence to the property line. If you move the fence to the property line, sign & record a shared fence agreement (upkeep, funding, etc.)

Perhaps you could invite him & his family over for a barbeque this weekend to discuss things in a non-confrontational manner?

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[jjoan]

Originally posted by Tracey:
Have him sign a yearly license agreement. He pays you a yearly fee in exchange for you not requiring him to remove the pavers or gate *this* year. Include in the license agreement that he has to remove any development & return the land to its original condition (turf) anytime you desire, & that he makes no claim of ownership regarding the land. Record the agreement on both parcels to give notice to one & all that the land is yours & the time limits for adverse possession have not begun to run. You may also wish to require him to carry liability insurance on the land.

Your alternative is to sell him the land outright, or to sue him to force him to remove the pavers & then move the fence to the property line. If you move the fence to the property line, sign & record a shared fence agreement (upkeep, funding, etc.)

Perhaps you could invite him & his family over for a barbeque this weekend to discuss things in a non-confrontational manner?

[/QUOTE

Tracy,Can this agreemeent be just a signed note with requirements stated? Do we need a notery. We don't want his money just claim to the land. recording the agreement on both parcels is that done on the deed. I am looking for simple. I truely believe he thinks it is no big deal to us. I confonted him, but the whole thing caught me by surprise. He has moved on--- I'm festering. We hope to live here for a long time. Our kids live at each others houses. It would upset me for this to change. I don't mean to be so emotional but what is ours is ours and we never agreed to it. It is a big decision I wish I knew the outcome

 

[Tracey]

In every state, a contract purporting to convey a right to real estate must be in writing & signed & witnesses by a notary. Your neighbors should be willing to have the license agreement notarized, as it will be cheaper than paying someone to remove the pavers or paying your court costs when you get an injunction requiring them to remove the pavers. Since they're friends, just charge them $1/year, waivable by you. (Then never collect!) This solution allows you all to maintain the status quo but still protects everyone's rights. It protects your neighbors by preventing you from suing them for trespassing!

The signed note is sufficient to prevent him from claiming the land by adverse possession. However, you need a recordable agreement so that purchasors of either property will have actual notice that the fence is not on the property line.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.