Gates and adverse possession

[Anonymous Poster]

Thanks Terry. I think I will build something pretty much just like that. It
looks as though yours has lasted some time now.

Nice looking place you have, by the way. My timber and brush looks a lot
like yours, incidentally, though my pastures aren't as tidy I'm afraid. I'm
in Western Washington. Those leaning, gray trees aren't cottonwoods,
are they? We have them all over the place here, with the brush being
primarily salmonberry.

 

[TerryinMD]

Don,

The gate is about six years old now and is basically maintenance free. I've only had to tighten the nuts on the carrige bolts once.

What you see behind the gate is my yard not pasture. I took the picture with sun behind me.

Most of the trees you see in the back ground are Hackberry trees. They provide good shade and thats about it. There are also some Elm, Black Walnut, Oak, Pignut Hickory, and Box Edler trees.

Good luck.

Terry

 

[Anonymous Poster]

I recently purchased some land and the survey discovered that it had some minor encroachments from the neighbors property - a driveway, some landscaping, and a basketball pole 3' across the line. My real-estate lawyer recommended that to avoid any adverse posession situation that I:

1. Notify them in writing of the encroachment and that I have every intention of maintaining use and posession of those portions of my land.

2. However, in the same letter, also grant them an indefinite "license" to leave their encroaching stuff where it was, subject to cancellation with 30 days notice.

#1 Potects the property now and as another poster mentioned restarts the clock.

#2 Keeps the neighbor from getting all pissed off. Being nice to my neighbors always seems like a good idea to me. It also keeps the clock from ever starting - the adverse posession laws don't apply if there is already an amicable arrangement in place. Only if I cancel the license and tell them to vacate the encroachments and I don't enforce it for 15 years would they have a claim.

#2 also gives me provisions to pull the plug if we do get mad at each other or I change my mind and want to use that part of the land myself.

Maybe you could offer to buy the easement back for the reduced value the other guy thinks its worth - maybe he needs the cash worse than he needs a driveway?

- Rick

 

[Anonymous Poster]

A lot of that is similar to what my lawyer told me. He sent a certified
letter on my behalf stating that the neighbor should remove his gate
and satellite dish, and went on to say that we'd be forced to go to court
if he didn't abide by that. I also instructed the lawyer that I wanted to
stay on good terms, so he basically just repeated that in the letter.
Howerver he never suggested giving the neighbor the indefinite license
you metioned.

It seems to me that even if you go to courst, you lose even if you win.
Even if you get attorney's fees reimbursed, you're still out a lot
of time and worry.

My relations with the neighbor have improved somewhat, although he
did blow his stack at first. I just explained to him that I'm not going to
sit around and worry about losing the land, so this is what I have to do.
I think he understands that now.

Thanks for the information, and for the buyback idea. However, his
house would be almost worthless if he sold me back the easement.
His property is 300' feet from the nearest road.