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manofbush
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# Posted: 26 Jun 2019 11:30am
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Hi everyone,
I have an issue I am hoping I could get some thoughts on.
I am having a property line issue with a neighbour. It's a little complicated, but what it boils down to is that the neighbour has had unrestricted access to the lake over my property for a short distance and I need to "sweettalk" him to resolve the property line issue. What I mean by sweettalking is that I think I can get my way with the property line if I somehow continue to give him access to the lake. Currently, it doesn't really matter to me if he has access, I just want control of it should I want to put a cottage there or sell the property in the future. If I could word it how I would like, it would go something like this "You can have access over my property to the lake as long as I own it and don't have any real need for that part of the property (would likely only be an issue if I wanted to build a cottage there)." Of course, I think he wont like this because there is no guarantees as to how long I will own the property or will not need that part of the property. I was thinking I could give him like written permission for access for say 10 years and I would be OK with that, but I'm not sure he will be OK with that.
Any ideas/suggestions to make it more appealing to the neighbour without compromising my desires?
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hueyjazz
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# Posted: 26 Jun 2019 11:39am
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So how is he granted this access? Is it spelled out in a legal contract of some sort? Deed or otherwise?
Can you firm it up by putting in a designated path?
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manofbush
Member
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# Posted: 26 Jun 2019 12:01pm
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I was thinking of having some sort of a legal contract prepared - probably just a signed letter granting him access. Yes, that would be a good idea by defining a designated path over my property.
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Just
Member
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# Posted: 26 Jun 2019 12:07pm
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You must deny him access 1day a year to retain all your property rites in Ontario .
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Steve_S
Member
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# Posted: 26 Jun 2019 12:17pm
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As Just points out there are a few fine lines and then grandparent type of clauses that could be a problem.
If you have a proper survey & survey markers are in place to indicate boundaries, that makes life considerably simpler. BTW: I had to get a resurvey cause some fool yanked out the markers (won't get into that) luckily, it only cost me $1200 to get a physical mapping with new markers & a GPS mapping plus recording with the township (there were a few foibles, as this is old homesteading lands).
Legal Contracts and such can also create more issues and especially if there is no accurate survey on file or markers are missing. Hard to argue when the Marker Pin is in the ground on a GPS point. I would very survey, then just have a pleasant & polite chat / conversation with the people, IF they get unruly or believe they have some form of Special Entitlement, then is the time to get legal but in the end, you'd likely have to put up a fence with gate(s) if legal get's into it. And of course there is more costs.
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manofbush
Member
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# Posted: 26 Jun 2019 01:06pm
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So, I am a little confused. This trail across my property has likely been there for some time. Do they have certain rights already? I doubt there were actually any arrangements in place with the previous owners - they live in California
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Steve_S
Member
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# Posted: 26 Jun 2019 01:35pm
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I've seen this just happen nearby where a home on the waterfront became landlocked by a neighbour on one side. The result is now that family has no access in / out of their yard at all, yet for 90 years there was access from the neighbouring land. It's screwy indeed.
The person crossing your land, could possibly argue that access has been there by default for so long. Good argument or not, it is possible. Best protection is to know exactly where the property line boundaries are and have it clearly identified.
Prior to my building out here, I had another country property, only 3AC but everything was clearly surveyed, marked with pins & marker posts. Land next door sold while I was away on business, I got home a week later, the assholes had cut into MY Forest on MY land and dug the foundation 15 feet over the property line on MY land ! Can you envision the amount of Blue Air that arose from that ? And what a poor start to meeting your new neighbours that was...
There is always potential for stupid to get out of control, best to avoid such whenever possible.
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95XL883
Member
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# Posted: 26 Jun 2019 03:45pm
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MOB, if I were in your shoes, I would talk to a good real estate attorney for your area. In the US, taking by adverse possession does happen and when it does, it is usually very ugly and expensive. I would avoid as much as possible getting into a confrontation while maintaining my property rights. I wouldn’t mention that I was talking to an attorney. I suspect you are in a position where being too accommodating will cost you dearly in the long run but the only way to know for sure is to talk to an attorney.
Steve makes a good point about surveys. I bit the bullet and paid for a good survey with corners marked by rebar set in concrete. There was a vacant house next to my land. I could tell somebody or somebodies were occasionally going across the vacant house property and well into my land. I put up a good fence and stopped the trespass until the house was occupied. I have several times had to tell that owner that it is my fence and that he was not to trespass on my ground but a couple of times I’ve had to get firm and make a somewhat dramatic display. I stay friendly as much as possible but I’ve heard of several instances of adverse possession claims that got ugly. Stay friendly as possible, get a good survey, and talk to a good local attorney. Good luck.
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beachman
Member
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# Posted: 27 Jun 2019 10:49am
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Approach the guy and state that you were thinking of selling that piece but was concerned about their access being cut off. Then maybe offer to sell a "right-of-way" to him (for a good price) if it doesn't restrict your future plans too much (like you are doing them a favor). They must have to know they are living on borrowed time with this access. From what you describe, they have had "unrestricted access" for a short distance so I assume they might be land-locked otherwise. They bought the property knowing this and cannot rely on your good graces forever.
The other option aside from what some others have stated, is to create a legal right of way along the property line that will exist even though they use an established path at the moment. That way your plans to sell or build may not be frustrated.
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