Quote:
Originally Posted by Common Tator
Please reread my post #130. I don't know how long the neighbor has had his driveway on your parents line, but his clock for claiming adverse possession started when he did that. Have your parents send a letter, return receipt requested granting him permission to have his driveway there for a period of time,say a month. But he must have it moved by the end of that time. You might want to have a lawyer write the letter, because people pay more attention to lawyer letters.
This does two things. It documents your efforts to get him off your parents land. And it restarts the clock for adverse possession, because permission was granted.
If he hasn't moved the driveway in the time allotted, send a certified letter telling him he is trespassing. (I really recommend you have a lawyer for this)! But I would move the driveway, and sink the posts IN THE NEIGHBORS DRIVEWAY.
But that's just me.
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Little Different Situation.
I'm very familiar with Adverse possession.
If you reread my post you will see this was all one section.
The Drive way existed before the split.
Its also only the Very Front about 10' deep maybe 20' center of road and 5' wide if that.
All well within the ROW.
Not much you can do with it.
Can't rewrite the whole of the property line either.
So I can't see him going to court to claim it?
Be cheaper to just move the culvert and front of the drive.
The Problem was the new fence he wanted to Erect.
I think that was solved.
Like I said still has yet to go up.
Kinda think he was shooting for adverse possession to gain use of the pond for his stock.
If he puts the poles in wrong again they come out again.
the lines was surveyed before where the stakes are not sure think the back one some one pulled.
But until either of us can establish, IE new survey.
Neither can do anything legal. He can put them in and we will keep pulling them.
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