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How can I defend against adverse possession by a neighbor who works for a utility and drives his truck on an easement in my lot?
Anonymous2 views2 answers
There is a utility easement which arcs through a corner of my property. My neighbor on that side is an electric utility company employee and he has used that easement as part of his driveway. He has improved it with gravel provided by the utility company. He does this to avoid driving his very heavy work truck on his own concrete driveway. He bought his property in 2003. We bought ours in 2011. He is near the 10 year mark for adverse possession and I am concerned I may lose this land. The path he has along the easement cuts a 0.10 acre corner off my lot. That may not seem like much, but my lot is the bare minimum size for our zone, and if I lose it, the lot will be nonconforming. There is only grass on the other side of the path which he sometimes mows, sometimes I do. Thanks.
I agree with the prior answer--you should get an attorney involved ASAP, before the 10 years runs. What he or she may recommend is filing a lawsuit for trespass, among other things. If it wasn't being used as a road by the prior owner, it should be straightforward. Once the lawsuit is filed and served, the clock stops ticking on adverse possession.
A more neighborly alternative would be to approach your neighbor and offer to give him permission to do what he is doing. So long as what he is doing is "permissive," there is no adverse possession. The only safe way to do that, however, is to get his agreement in writing that he has your permission to continue using the road. Although this is something you could do on your own, you really should hire an attorney to advise you about this and get it properly documented.
First and foremost, hire and attorney. This is not really a residential question but falls under property law. Adverse possession is one of those concepts that goes back 600 years so you'll need to hire someone with expertise.
