What would you do? (property infringement)

This church carved a driveway onto your land in the past, and you did nothing. Now they have carved a turn around onto your property as well. If all you want is to keep on good terms, let they continue to do as they please with your property. They will appreciate it.

Hey.

You need a survey and a lawyer. If that driveway is there long enough, they can seize ownership of the land thru "adverse possession".

RF

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It's not good enough that we do our best; sometimes we have to do what's required. - Winston Churchill

That's the word I was looking for. Exacalackally, LOL. I couldn't think of it to save my life.

That's IT! That's the term I could not remember! 20 points to Rocky Fields!

Basically, if they use a property like it was theirs for a certain many years, they can claim it and it BECOMES theirs!!

If you want to keep the property, get something in writing ASAP!

Your choices that will protect your rights (all that I can think of, anyways)

1. Rent them the ground for $10 a year and put it in writing.

2. Send them a legal request to get off and stay off.

3. Donate the land in writing and claim a tax break

4. Sell them the land

5. Block the entrance


There are probably others, but, if you do nothing you might lose the land.

Lots of good advice here.

I just wanted to say, "Be PREPARED!" Sounds to me like whoever talked to you way back when at the pizza place is gonna come out & say: "They SAID we could do this! We had a VERBAL agreement."

Just watch out for this, just in case. Good luck.

Patty

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My book is out! Go 'like' it on FB:
http://www.facebook.com/#!/pages/Goo...83553391747680

Even though you're in the right here -- maybe because you're in the right -- you still need a lawyer. Money paid for one NOW will save you a lot of trouble and heartbreak later.

In a matter like this, I'm the voice of wisdom bought at a pretty steep emotional and financial price.

Right or wrong, you need to cover your buns legally. And it requires a lawyer to do it.

Best of luck to you.

Pony!

Alright, don't think bad thoughts about the church. I've sat on church councils where they have to decide stuff like this and it's always incredibly disorganized. Deacon Joe says in the first meeting, "I'll talk to the land owners about the driveway." In the second meeting Deacon Joe isn't present and Deacon Mike says, "Don't worry, Joe said he'd take care of that" and then the plan proceeds. Odds are very high that it's an oversight, not an intentional usurping of your property rights.

My second point is that you don't state whether or not this is YOUR church. If it is, you need to go at it with a huge amount of tact. If not, well, tact is still a good thing.

The church is in the wrong here, and they need to pay for the road's removal and the re-sodding of the land that they've damaged. The other commentors are correct in that if you do nothing ... you're legally giving consent. I've had similar problems before when I incorrectly placed a fence 3 feet over on my neighbor's property and it wasn't until they sold the house that we had a problem. (Wasn't intentional ... both of us had incorrectly assumed the property line was where we'd been mowing for years until a surveyor came out with the county records in hand and marked it.) I volunteered to move the fence and take care of it all, but we still had to sign a battery of legal forms to clear up the deed stuff. It was a pain for both of us, and that was an amiable solution. I can't imagine how it would have been if one of us had been hostile about it.

Go talk to the church. Immediately. Find out who is in charge. Make sure that it's going to be dealt with. Get it in writing. Block off that driveway so people don't get accustomed to using it.

Have you asked your husband what part he's played in this?

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http://thefrenchneighbor.blogspot.com/

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Sorry.........but Rocky can't have them!!! Those 20 "points" belong to me......check post #6 for verification.

There are a lot of posts above with great information but miss the big picture. I do concur with the posts that say get a lawyer. You don't have to sue them but, rather, the lawyer should be able to protect your interests and, if you are so inclined, help the church.

The issues of protecting the value of your property, liability if someone gets hurt, adverse possession (isn't always 7 years - it varies widely by state and requirements to claim AP), taxation of the property, and issues if you try to sell (you WON'T be able to sell with this hanging out there!) are not trivial.

Don't try to do this by yourself. These are legal issues that require a professional. If you do decide to go ahead with this, with advice of your lawyer and other professionals as needed, the lawyer should be able to do this in such a way as to not create hard feelings. But make the church pay for the legal costs.

Good luck!

Copperkid,

You are disqualified because your post was edited and you added "adverse possession" after the fact;-) But to be nice, I'm willing to do a Ted Turner split with you...how about 1 point for you and 19 for me?:-O

RF

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It's not good enough that we do our best; sometimes we have to do what's required. - Winston Churchill

Copperkid and Rocky Field: I beat both of you without editing. Check out post number 15. I want all the brownie points. Neener neener!

Lisa,

Are you saying you want credit for the big salad?;-)

RF

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It's not good enough that we do our best; sometimes we have to do what's required. - Winston Churchill

NOW you lost me.... Salad?

Well, first of all, you and husband need to be "on the same page". It almost sounds like neither of you would mind the church having it. Is this actually the case though? Since your mother goes there, is your husband just going "with the flow" so as not to upset anyone (you included since you used to go to the church)?

Once both of you are on the same page, I would call one of the member's on the Board of Trustee's (preferably the president) and state that you noticed the new landscaping they did (on YOUR property), you didn't give permission so what are they going to do about it now? They need to call a special meeting ASAP to discuss the goof up.

You should "direct" them while talking to the person, what you would like seen done. If you are offering an easement, they need to do the legal work. If you want to rent it to them, discuss how much rent / year, if you want them to buy it, discuss a price and them paying for all surveys, paperwork, deeds, etc. If you are going to donate it to them, you need a donation receipt.

If neither you nor your husband agreed to it (is there a chance the member who talked to you at the pizza place thinks mentioning it to you and seeing no problem cause them to think you gave permission?), you need to decide what you and your husband want to do, call TONIGHT, and then see what the church does with it.

Let the Board of Trustee member know that you expect this to be taken care of right away, so a special meeting needs to be called NOW - not after the holidays!

Let us know what happens.

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Michael W. Smith in North-West Pennsylvania

"Everything happens for a reason."

like I suggested put the posts (T posts) or what ever down your property line and put a line on it ,(rope, wire, twine), some thing to say hey this is mine here, not yours.

If you want to sell them 5 to 10 feet then do so, or lease it, but don't let them take, especially with out permission.

It seems you have a lot of people's hackles up here...we are waiting to hear how this turns out...please don't keep us in suspense too long!

I appreciate everyone's great responses, we are going to call the council pres. tonight, neither of us talked to anyone after the initial pizza incident, and the concerns I have are those you've all mentioned: adverse possession, liability, de-valuing of property if we choose to sell the place later on, and besides it's just darn bad manners to carve up someone's yard and lay down rock without so much as asking in person! We'll see what transpires from the contact this evening.
Actually, it looks like a few cars are over there right now, maybe Christmas program practice, but I have half a mind to stroll over and see who's present. Of course that would be dumb, because I'm the half of the equation that gets mad pretty easily, and he's the one who is cool in the face of opposition. Better wait till he gets home.

Lisa,

It comes from the tv sitcom "Seinfeld". In one episode, George buys Elaine a big salad to go. His new girlfriend gives it to Elaine and George has fits because he didn't get "credit" for the big salad and he continues to whine over it.

Since I forgot to get you something for Christmas, you can have the 5 points;-)

RF

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It's not good enough that we do our best; sometimes we have to do what's required. - Winston Churchill

WeaverRose,

1. Make sure what is yours and what is the church's. Prior survey, marker posts, etc.

2. Discuss with husband to make sure you are both on the same page.

3. Talk to a lawyer to determine what are the options and ramifications to any and all actions.

4. Then talk to the church with the lawyer and record all meetings.

Do not feel bad. You didn't ask for this to happen.

Don't assume what the church's motivations are until you meet with them. If they are trying to grab land, that is a major biblical violation (coveting anothers property, moving boundary markers, etc.) and should be addressed when revealed.

Good Luck and go with God's direction.

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Diamondtim

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