Squatter's Rights

[Ed of all trades]

Depends on state laws, I have heard that in Va it is true.

 

[rich_ncal]

I agree with Ed it varies by state. You could search for "Prescriptive Easement" with "Vermont law".

It often must be continuous, for example if you tell the renter your locking a gate for a month for some reason and please do not go across the property during that time, this could reset the clock. Other options like granting the permission in writing with you clear statement it is limited and can end when you choose, and no trespassing signs could may be helpful if that applies in your state.

Just a quick search I found in Vermont 2010 VT 91

To establish a prescriptive easement, plaintiff's use of the land must have been open, notorious, continuous for fifteen years, and hostile or under claim of right. Greenberg v. Hadwen, 145 Vt. 112, 114, 484 A.2d 916, 917 (1984).

The fifteen year limit is unique to Vermont in California it is five years.

My advice is to research this online and then decide if you need a lawyer. Lawyer are expensive. In my area real estate lawyers charge $250/hr. Some will consult with you for a one hour charge, other may want a retainer first.

 

[MasseyWV]

It's called "adverse posession". Generally speaking, if someone occupies your property openly, with your knowledge, for a statutory period ( varies by state, here in New Hampshire it's 20 years) then they may be able to claim title to that portion of the property through legal action. There is also an old saying that "permissive use can never ripen into adverse posession". All this being said, get some legal advice locally.

I agree, consulting a lawyer is the best option.

 

[rich_ncal]

Interenting quote from TCJatko 'There is also an old saying that "permissive use can never ripen into adverse posession".'

Seems to be true in Vermont - http://www.vermontjudiciary.org/TCDecisionCvl/2005-8-24-1.pdf

Both the adverse possession and prescriptive easement claims may be defeated if Defendant's use is shown to be permissive. See Id. (holding that use of " road by permission is not adverse unless there has been a repudiation 'either made known expressly or clearly indicated by unequivocal actions.' " (quoting In re Estate of Smilie, 135 Vt. 217, 220 (1977));

 

[greasemonkeyok]

I am not a lawyer but have dealt with land and acreage, buying and selling for many years....In my opinion you have granted the couple a license to use that portion of your property to access their property...that license can be cancelled by you simply telling them to stop or installing a gate. I hope this helps you.

" Licenses

A license, unlike an easement, is having the permission of the owner葉he licensor葉o enter his land for a specific purpose. Unlike an easement, the license can be rescinded at any time. A license will also terminate upon the death of either the licensee or the licensor, or if the licensor sells the land. Hence, although a license is similar to an easement, a license is not actually an encumbrance on the real estate and does not transfer with the title. "

Real Estate Encumbrances: Liens, Deed Restrictions, Easements, and Encroachments

Bob's answer sounds like the best fit.

 

[sam5570]

we just this year had a simular case as your's at a neighbor. i had been told years ago that these people didnot have a right away thru the lane on my neighbor's property but he and them got along so for over 60 years they used his lane to acess there property. ok he past on and the elder people on the ajasent property past on, ok now it's the kid's so the people who had been using the lane to get to there property decids to put up a gate, thats when the kids from the family that owned the property they were crossing said you cannot put up a gate because you donnot have a right of way thru our property. end results in virginia if you donnot have a right of way on your deed then you donnot have a right of way regardless of how long you have been using the property. now keep in mind that is virginia not id. what you are saying in your post is 2 totally diferent thing's.squatter's rights and a right of way are totally different. check your state law's but you can probably stop these people from crossing your property any time you want to.

 

[2LaneCruzer]

we just this year had a simular case as your's at a neighbor. i had been told years ago that these people didnot have a right away thru the lane on my neighbor's property but he and them got along so for over 60 years they used his lane to acess there property. ok he past on and the elder people on the ajasent property past on, ok now it's the kid's so the people who had been using the lane to get to there property decids to put up a gate, thats when the kids from the family that owned the property they were crossing said you cannot put up a gate because you donnot have a right of way thru our property. end results in virginia if you donnot have a right of way on your deed then you donnot have a right of way regardless of how long you have been using the property. now keep in mind that is virginia not id. what you are saying in your post is 2 totally diferent thing's.squatter's rights and a right of way are totally different. check your state law's but you can probably stop these people from crossing your property any time you want to.

Maybe. Not all states recognize squatter's rights; and some have modified it by statute. I know my Granddad lost 5 acres in NE Oklahoma because some guy moved in, built a cabin and lived there long enough to establish adverse possession. Check with a local lawyer who practices in the property law area.

 

[sam5570]

Maybe. Not all states recognize squatter's rights; and some have modified it by statute. I know my Granddad lost 5 acres in NE Oklahoma because some guy moved in, built a cabin and lived there long enough to establish adverse possession. Check with a local lawyer who practices in the property law area.

2Lane like i was saying he is not dealling with someone trying to take his property, they are just driving across his property to get to there property. this totally diferent from squatter's right's deal where someone ocupie's a certain peace of property for a period of time then tries to claim ownership.

 

[zzvyb6]

Go ahead and put up your $50. sign. I'll bet it doesn't last more than a week before its history. Hire a bulldozer to ditch the lane and stop it cold. Otherwise, you will only get an ulcer out of it.

 

[greasemonkeyok]

Google search retruns this statute:
"IC 32-23-1-1
Use for 20 years
Sec. 1. The right-of-way, air, light, or other easement from, in, upon, or over land owned by a person may not be acquired by another person by adverse use unless the use is uninterrupted for at least twenty (20) years.
As added by P.L.2-2002, SEC.8."

Don't know anything about the law in Indianna, but it seems that if the use was by permission or consent, it wouldn't be adverse. I'd get one of these guys to tell me what to do:
http://www.jacobatzlaw.com/prescriptive_easement_article_0811.html