Retroactively granting access

[PayrollHRGuy]

No, because in many cases the owner of record communicated some kind of objection one way or another but fell short of suing the other party, so they didn't stop the clock.

What makes you think you have to sue to stop the clock?

 

[Zigner]

No, because in many cases the owner of record communicated some kind of objection one way or another but fell short of suing the other party, so they didn't stop the clock.

I understand what you're saying, but it doesn't make sense as a response to OldSurveyor.

 

[welkin]

No, because in many cases the owner of record communicated some kind of objection one way or another but fell short of suing the other party, so they didn't stop the clock.

You're the kind of person that likes their cake and eats it. First you ask if you can stop an AP claim using retroactive permission. The answer is no and will always be no.

Now you are saying that if you told your neighbor to stop using your property before the SOL had run but did not sue for trespass that somehow you couldn't prove that you told the neighbor to stop trespassing. Which argument would you like to discus?

Has it been 10 years or more that your neighbor has been using your property and did you at any time in that period of time did you tell the neighbor to stop?