Neighbors using my land. How do I substantiate the fact that they are doing so WITH my permission to avoid prescriptive claim?

· · 0 views
Neighboring property owners are using my land. My predecessors in title expressly granted permission for said neighbors use said land. There may come a time which I want to revoke permission for the neighbors to use this property for free. For now, I do not mind if they keep using it. I believe the neighbors are completely oblivious, and I prefer to keep it this way, for now. Is there something which I may be able to file in the public records, in order to preserve the fact that I am presently making a conscious decision to allow my neighbors to use the land? I would want to use this document as evidence in the event that the neighbors make an adverse possession claim. If not filing in public records, what can I do now, in order to easily later prove that I am granting permission today?

3 Attorney Answers

Best Answer
The major difficulty in bringing an action for a prescriptive easement is the "presumption of permissiveness." Your neighbor is presumed by the court to have your permission unless they can prove that they did not have permission for their use of your property. You have proof the your predecessor in title granted permission for the use, you probably need to do nothing further. You should not record anything in the public records. If you are unsure of your rights with respect to your neighbor's use of the land, you should consult an experienced real estate lawyer in your area.
Best Answer
Mr. Deason is correct. Please get a local real estate attorney. You have too much to lose if this isn't done correctly.
Best Answer
First off, you have a common misunderstanding of what Adverse Possession means in Florida. Florida has statutes which lay out the steps which MUST be taken by the APer in order to lay claim to a property. The very first of which is they must notify the property appraisers for the county in which the property is located by filing a return (DR-452) within one year of having taken possession. This has probably not been done, otherwise the taxing authorities would have notified the previous owner. They must also pay all the taxes on the property that they are APing. Depending on how and why they are using the property, though, they could possibly bring an action for an implied easement or easement by estoppel. That is the more likely scenario, depending on the nature of the use of the property and the agreement had with the prior owner. You really need to hire a good real property attorney to assess and discuss your options as revocation of a valid easement may not be possible, and certainly won't be easy, particularly since you have been notified of its existence.

Sign in to answer this question.

Sign In or Sign Up as an Attorney