Squatter's Rights

[turnkey4099]

Seems to be more a matter of establishing a "presumptive easement" which, if it applies in your state, may already be in effect.

"sqatters rights" involves getting actual title to the property. I got title to an abandoned school and lot through both that and paying back taxes.

In general granting such use should be done in writing and renewed occasionally to keep it clear that it is as an accomodation and can be rescinded at any time. A lawyeer will tell you just about the same thing and may even give you a 'boiler plate' example of a letter.

Harry K

 

[2LaneCruzer]

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.

I understand, but an easement is a property right that can be acquired in a manner similar to adverse possession. It does not include the property itself, but it does include the use of the property; a burden on the property itself and and runs with the property. FWIW, if you own a piece of property that is landlocked by other property owners, the law says that you have a right to access, even if you have to go to court to force adjoining landowners to cede an easement to you. The property owners are due compensation, but they can't keep you from your property.

 

[jmc]

OP here.

Yeah, squatter's rights isn't a very accurate term on my part except for the fact that someone else can claim something that you consider yours. I appreciate the comments and helpful links.

Thanks,

John

 

[greasemonkeyok]

I understand, but an easement is a property right that can be acquired in a manner similar to adverse possession. It does not include the property itself, but it does include the use of the property; a burden on the property itself and and runs with the property. ...

Seems to me no-one ever really "owns" the land itself, all they have are varying degrees of rights to use the land for some period of time. Some own very limited rights, like the right to traverse in a particular location for a limited purpose (a license or easement to use a road).

If you think you "own" your land, try not paying the taxes (or mortgage) and see what happens. Or a better example, try draining a swampy area without a permit.

 

[dodge man]

Its not adverse possesion, lets put that to rest. Thats only the case if they are trying to claim part of your property. I would say you have given them, in legal terms, and exclusive easement or license. That means you only expect them to be the ones driving in and out, not just anybody. Of course, you never know what people will try and claim.

I would probably wait it out and see what happens with any new owners.

 

[DAD1220]

I don't see the problem here.

You gave permission to the "Current Owners" not the "Renters" or future owners. And as such when the current owners leave, it would have nothing to do with the renters!

Giving permission to one individual to cross your property, does not make it public domain.

The other person's front and back forty are not landlocked by your property! They don't need an easement. At any time they can have better access by building a better road on their own property.

 

[turnkey4099]

I don't see the problem here.

You gave permission to the "Current Owners" not the "Renters" or future owners. And as such when the current owners leave, it would have nothing to do with the renters!

Giving permission to one individual to cross your property, does not make it public domain.

The other person's front and back forty are not landlocked by your property! They don't need an easement. At any time they can have better access by building a better road on their own property.

All true but...

In such a "gentleman's agreement" when/if a problem arises you are down to "he said, she said". Get it in wiriting! And lawyers will advise one to renew that document occasionally over the years.

Harry K

 

[DAD1220]

There is nothing in writing at this point and the ownership is in his favor!

I wouldn't start putting anything in writing now.

 

[weedpharma]

To become a right of way, it is necessary to have the access open for a period of time, usually years. If you close the access for a day every year, then they have not had continuous access to claim right of way. This is used by buildings that have walkways through or adjacent to their property. They close the access for a full day usually on a holiday. Around here, they do it on new years day holiday. (IANAL!)

weedpharma