I live in an unincorporated part of Volusia County, Florida. My neighbors and I did not get off to a good start when they bought their home as a member of their family who did not live there used my side yard as part of their driveway. That yard is about 30 feet wide and they used ALL of it to drive through. That issue has since been settled. Their mother staid in the home and they moved elsewhere locally. She kind of watched to be sure it looked like my mom - who was ill - was ok, and I watched after her, as she was also ill. both of the mom's passed away last year and the son and girlfriend have moved back in. They have been very nice, and have expressed gratitude for all I did for their mom. I don't mow as often as they do, and my mower isn't as capable as theirs. She has been mowing my side yard, which is the main border of their driveway (they have access to their property between my next door neighbor and myself - their property is landlocked from the road) as well as a portion of my far back that is difficult for my mower to cut. I did not ask them to do this at all, although in reality it is helpful. I spoke to her last week and offered to pay for the gas. She said absolutely not, she just thinks it's so pretty when it's mowed, the back is harder for my mower than hers, and she's having fun. My only concern is, by allowing them to continue is there a chance for them at some point to claim the property as theirs because they are doing the primary care for certain parts? I have been told that allowing use of property makes it a by-default transition of ownership to them. One person called it "encroachment." I would rather not tell them to stop, as the relationship is finally friendly and we both try to look out for each other and help when we can. But they aren't always completely honest in their business dealings and I don't want for them to be able to lay claim to my property. I have a mortgage. I don't know if they do or not. Thanks.
State/Country relating to question: Florida
I spoke with her and offered to pay for the gas each month when she said she liked doing it.
Hi and welcome to Just Answer,
Don't worry! The legal concept is Adverse Possession which requires certain actions performed by the other party FOR SEVEN YEARS.
Here is a description:Adverse possession is a legal concept in which a party may acquire title from another by openly occupying another party's land and paying Real Property taxes for seven years. The two major Florida adverse possession limitations are set out in Sections 95.16 and 95.18. Additional adverse possession laws involve acquisition by tax deed and executor's sale.There are Florida statutes applicable to situations in which the party seeking adverse possession does not have title to property. The party is required to "possess" the real property for at least seven years and notify the tax assessor of the claim for at least one year. "Possession" requires that the party protect the property "by substantial enclosure" or that it be "usually cultivated or improved." The party must also have paid the property taxes.Real property can also be acquired by adverse possession by virtue of a written, recorded document. The typical scenario occurs with a landowner building a fence or making improvements on another party's adjacent land. Section 95.16 codifies these rights and requires occupation of land for seven yearsSo you see.........there is no need for concern.
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30+ years NYC R.E.litigation & closings; contract law professor.
Thank you so much for all the information!!! It is quite a relief.
Your more than welcome. That's what I'm here for. Enjoy the summer.
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