That night I went online to read the statute on this for our state. It says that in order to gain property by adverse possession, one has to have used the property the whole time without permission. The next day he had an excavator back there and we motioned that we wanted to talk. He stopped and we had a decent conversation on the matter. I mentioned what I had learned about the statute and that we had given him permission from the beginning and have since then, reiterated that he could continue to use it until we replace the fence, noting that in order to take gain the property by adverse possession he had to do so without permission and therefore, he legally cannot take the property from us. We offered to not put the fence ALL the way to the property line so he could have room to access his shop with his truck. He did not want that. He said he wanted all the property to the present fence-line. Since he was not willing to compromise, we said we would need to get an attorney also. We suggested that he could acquire the property by paying us for the square footage, that way, the money we use for an attorney would go to benefit both of us. He told us to give him a price. And then we ended our conversation.
The next day, he began setting the perimeter of his shop 5 feet on his property from the survey marker. Obviously, he thinks the survey marker IS the property line. When he was not there, we took pictures of the strip of property and the beginning of his construction (which is fine with us because it is properly on his property).
Today, he texted my husband to say he has an attorney who wants my husband's e-mail to communicate with him. I told my husband to text the neighbor back and say that we will not communicate with his lawyer until we have our attorney so they can be our communicators as well as our advisors.
I say all this because I would ask for prayers to go up for us that this gets settled in a fair and legal way. see pt. 3
That night I went online to read the statute on this for our state. It says that in order to gain property by adverse possession, one has to have used the property the whole time without permission. The next day he had an excavator back there and we motioned that we wanted to talk. He stopped and we had a decent conversation on the matter. I mentioned what I had learned about the statute and that we had given him permission from the beginning and have since then, reiterated that he could continue to use it until we replace the fence, noting that in order to take gain the property by adverse possession he had to do so without permission and therefore, he legally cannot take the property from us. We offered to not put the fence ALL the way to the property line so he could have room to access his shop with his truck. He did not want that. He said he wanted all the property to the present fence-line. Since he was not willing to compromise, we said we would need to get an attorney also. We suggested that he could acquire the property by paying us for the square footage, that way, the money we use for an attorney would go to benefit both of us. He told us to give him a price. And then we ended our conversation.
The next day, he began setting the perimeter of his shop 5 feet on his property from the survey marker. Obviously, he thinks the survey marker IS the property line. When he was not there, we took pictures of the strip of property and the beginning of his construction (which is fine with us because it is properly on his property).
Today, he texted my husband to say he has an attorney who wants my husband's e-mail to communicate with him. I told my husband to text the neighbor back and say that we will not communicate with his lawyer until we have our attorney so they can be our communicators as well as our advisors.
I say all this because I would ask for prayers to go up for us that this gets settled in a fair and legal way. see pt. 3
This comment thread is locked. Please enter a new comment below to start a new comment thread.
Note: Comment threads older than 2 months are automatically locked.
Do you have a Bible comment or question?
Posting comments is currently unavailable due to high demand on the server.
Please check back in an hour or more. Thank you for your patience!
Report Comment
Which best represents the problem with the comment?