- April 3, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Request for Advice Regarding Neighbor’s Interest in Purchasing Property
Hello,
I am reaching out for advice regarding a situation with my neighbor. I have a small piece of property behind my house that I don’t really use, and my neighbor has been trying to buy it for years. Currently, they approached me again about purchasing it; however, I do not want to sell it.
His wife is currently sick and disabled, and they have very limited parking at their house for home nurses, etc. Additionally, he runs a construction business with equipment.
I was considering telling him I do not want to sell it, but I am open to allowing him to park a car or two back there for a few months. My main concern is whether this could lead to potential issues with squatters’ rights on the land or any related legal complications.
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****** just grabbed a
You can always draw up a rental agreement and charge a dollar.
Have a rental / lease agreement in place. You can do it for $1. That way you have a defined agreement for a defined period of time in case there are any disagreements or liability issues.
It takes years for a person to gain rights to a piece of property. They would have to place a stupor fence there, not just a car.
Permission defeats adverse possession. Just make certain you can prove that you gave permission, by stating it in an email for example, and having him acknowledge the email.
Rent it to them for $1. Get it in writing.
NAL
Agreements. It isn’t real unless it’s in writing. Trust is for suckers. Don’t do it yourself; get a lawyer. Make the neighbor pay for it. Don’t apologize for this approach. You’re doing them a solid.
I would use a license in this case. Terminology-wise, it may be the same as a “rental,” but calling it a license within a written agreement may avoid confusion. Specifics here vary by jurisdiction.
Were I the landowner, I would not consider granting either a lease or an easement here and would make that absolutely clear in a written agreement. I would make it non-exclusive and would limit the use in both time and purpose to essentially say “you can park up to two standard size passenger vehicles on parcel x, if space allows, for the next three months, or until I terminate this license at my sole discretion.”
Do an agreement.
Include things like duration of the agreement. What they can use it for. Their responsibility to keep it clean and tidy. Their responsibility to pay for any damages or related costs. Notice period when you want to stop. What happens if you give notice and they fail to remove their property on time. Anything else you can think of.
Not sure you’d need to include a lawyer for an informal agreement, but a common understanding now will prevent arguments in the future.
If it’s a long term situation then YES get a document drawn up and state in it that you’re NOT liable for any damages to their cars. Cause if something happens guaranteed they’ll want your insurance company to pay and your rates will go up.
if someone is injured its on you your insurance will be cancelled if you dont have commercial insurance
Yes, you can have a lawyer draw up a “permissive use easement” that can be cancelled at any time for any reason by you and is non-transferable if he sells his home (basically the new buyers have to re-negotiate use with you).
My sister did that with her neighbor after they discovered a portion of his new enlarged driveway, enlarged garage and privacy fence (all less than a year old) was on my sister and BIL’s property. They gave the neighbor the option of signing the easement or tearing the encroaching structures down and restoring the property to its original condition at *the neighbor’s* expense.
That will negate adverse possession and any type of “squatter’s rights.”
Reading these comments — boy, a lot of people know just enough to make it seem like they know what they’re talking about.
Prescriptive easement
https://www.law.cornell.edu/wex/prescriptive_easement
$1? No, $50/month. They want it, they can pay for it 😄
Have a local lawyer draw up a rental agreement for you with reasonable terms (maybe $1 / month rent), protections for the land (can’t cut down trees, dump chemicals, leave trash), and requirements to limit your liability for things on your property (perhaps requiring him to have proof of insurance, etc.), as well as term limits and something about options for you to terminate the lease if there’s a problem.
There’s no reason you can’t let him use the space, but you want to protect yourself and your property.
Not only would it be a great neighborly thing, but you can draw up a simple contract to make sure it’s in writing that you aren’t GIVING him that space. A temp situation for a 6 month period of time. When the 6 months is up, you want to make sure you have another contract signed. Be a great neighbor, not a dumb one.
What you are afraid of is adverse posession. One thing about adverse posession is it has to be hostile. If you give permission, then it isn’t hostile. But where the kicker comes in if he claims posession then it involves courts, lawyers, and can drag out for a long period of time. It is very simple. Draw up a simple paragraph saying you are giving permission to use it only and you will retain ownership and it is revokable at any time for any reason. You do NOT have to charge anything. That is for contracts. This isn’t a contract. This is just a piece of paper memorializing both parties intentions. That way, if he does try to do something later on, you have a clear piece of evidence and a judge doesn’t have to sit there and decide who to believe if it would even get to that point.
Rent it to him for $1 a year so there is no adverse possession. You can probably find a free form online. If worried see a lawyer to make sure the contract protects you.
Just get a contract.
Rent it out for a buck.
He’ll have the right to use it without owning it.
Write up a lease for parking.
Make sure something is in writing. With dates that expire and ability to renew. If you just let him use it, over time he can claim it- but the paperwork would prove he knew it wasn’t his and had no claim to it.
Rent the parking space to them for market value.
Lease it
Make sure it is written with terms, month to month, revokable, limited to xx cars, no longer that 12 hours etc with an expiration date and signed by all parties
I was reading elsewhere (about garage space) something to the effect of you should sign a lease, and have the right to reclaim your space/property with conditions of you removing their stuff if they dont when the time comes. It could be problematic.
If parking is an easement it takes 7 years of them parking there to permanently have that right.
Write up an agreement sure, but don’t let him just park there. Thats how people go on to take advantage. Charge him a reasonable rent for using the space.
You definitely want something written up so they can’t turn around and try to claim you abandoned it to them like some fence that sat too far over the line for 30 years and suddenly one guy wants the space back
Rent it to him. Even at $1 a month, it provides a paper trail showing they have the right to use “this portion” of your land for a specific purpose, for a certain amount of time.
Rental agreement, so he doesn’t develop squatters rights. Do it weekly, so it falls under short term rental laws (hotels) so you can give him notice to move his things without a court fight, or month to month, so you can give him a 30 day notice to stop using it.
Call code enforcent to have him remove it from his yard. Should make lots of room for parking.
Make sure you give him permission, in writing. That will almost always defeat an “adverse possession” claim.
I also like the idea of charging him a token amount of rent like $1 a year. And draw up a formal agreement, make two copies, get him to sign both. You keep one, and he keeps one.
That way he can’t come back later and say he thought you “gave” him the land.
Maybe a clause that says that the use is temporary and any attempt to request to purchase the lot will be cause for permanent loss of use of the property.