Use of Property/Easement

[slickrockchic]

I hope someone out there can tell me what I need to do.

Here is the situation.

I own a one acre lot which joins my stepfather's property. When I first moved onto the property, my stepfather still owned it and I paid him lot rent. My mother purchased the property from him and it was given to me when she passed away. I don't live on the property anymore, I bought a new house. Part of his property is on the same side of the access road/driveway as my mobile home. It runs in front of my property out to the main road in a long strip. The access road also services his mobile home and another that he rents out.

Part of my driveway is on his property in the form of a gravel turnaround. I also have part of a dog run and my satellite dish on this property. I have landscaped part of it also. I have had free use of the property since 1994. I have also had use of it since just over a year ago when it legally became mine.

I gave the mobile home to some friends of mine and told them they could live in it on my property until they could save enough money to move it to their property. They own about eight cars, some of which they have parked on the turnaround. My stepfather told them that they coundn't park on his property, and has also generally been try to cause problems between us.

My question is this. Since I have used and maintained his property for so long, can he come along and say that all of a sudden I can't use it? He has never given me any problems about parking on the driveway or turnaround on his part of the property until my friends moved in.

Also, is there anything I can do legally to claim the property as mine, since I have had full use of it for so long?

 

[mike]

I hope someone out there can tell me what I need to do.

Here is the situation.

I own a one acre lot which joins my stepfather's property. When I first moved onto the property, my stepfather still owned it and I paid him lot rent. My mother purchased the property from him and it was given to me when she passed away. I don't live on the property anymore, I bought a new house. Part of his property is on the same side of the access road/driveway as my mobile home. It runs in front of my property out to the main road in a long strip. The access road also services his mobile home and another that he rents out.

Part of my driveway is on his property in the form of a gravel turnaround. I also have part of a dog run and my satellite dish on this property. I have landscaped part of it also. I have had free use of the property since 1994. I have also had use of it since just over a year ago when it legally became mine.

I gave the mobile home to some friends of mine and told them they could live in it on my property until they could save enough money to move it to their property. They own about eight cars, some of which they have parked on the turnaround. My stepfather told them that they coundn't park on his property, and has also generally been try to cause problems between us.

My question is this. Since I have used and maintained his property for so long, can he come along and say that all of a sudden I can't use it? He has never given me any problems about parking on the driveway or turnaround on his part of the property until my friends moved in.

Also, is there anything I can do legally to claim the property as mine, since I have had full use of it for so long?

I'm not sure I understand everything that you are saying here. I'll assume that there is a common driveway which you have been using for a while and that your friends/tenants have been parking on for a while. See below the definitions for adverse possession and prescriptive easements, neither of which would come into play unless you were using the property (not as a tenant) for a very long period of time, probably close to 20 years or so. Your landlord can also change his mind about how you can use the property if this is the case.

Adverse Possession: Requires proof of possession for 20 or 21 years (state laws vary but they are all around that amount) and the claimant also must establish the elements. The possession must be actual, continuous, exclusive, visible, conspicuous and hostile.

Prescriptive Easement: Requirements are similar, including the same time period although there is a use that does not have to be exclusive but continuous, conspicuous, etc.

 

[slickrockchic]

In the deed to the property it states: also conveyed herewith is an ingress, egress and public utility easement over an existing gravel road extending from the southeast boundary of Thompson Rd. 38 feet more or less form the northeast boundary of the above described tract, which road circles around to and enters the southeast boundary of the described tract.

Also the situation has been getting worse. The last time I tried to talk with him, HE hung up on ME.

In the past several days I have received two letters from my step father by certified mail. Both of this letters were typed in all caps.

In the first letter he states that after his licensed surveyor legally locates the lot line he plans to identify the boundary line with a red line painted on his side of the property line. Then any vehicle that is parked on his side will be towed at owner's expense without notification. Even if it is parked in the driveway after turning off of the common drive. He made a point to mention me specifically. He also states that he is putting a fence up with a 20 foot opening for ingress/ egress onto my property.

He states that he is planning to relocate the access road to within a few feet of my property line and I need to remove the satellite dish located next to the current driveway.

He also states that he will need to move the water meter and phone box to relocate the access road, that they should both be on my property, and that I need to give him access to my property to do so.

This letter also has two Georgia code sections attached. 44-1-13 and 44-9-40.

The second letter is a 10 day letter notifying me that after ten days from receipt any vehicles parked on his property, even for a short period, will be towed with out notice at owner's expense.

As you can see he is trying to be as difficult as possible. I think he thinks he can bully me into selling my property to him.

Here are my questions.

Can he have vehicles towed when I have always has free access to what has always been considered part of my driveway off of the common drive?

If I have an easement for ingress/eagress and utilities in my deed. Can he force me to move my satellite dish and water and phone lines onto my property?

 

[slickrockchic]

I forgot to mention, when the surveyor did the survey two days ago. he actually put a pin in a different place from the original pin, which is still there. The original pin was placed there by the surveyor who orginally made up the one acre lot. He told me that once the orginal pin has been established, when the lot is created, even if it is off, it legally stands and cannot be changed.

They actually did paint a red line along this new boundary line.