[TaxPayer2000]

I am sure alot depends on local property laws, but from what I understand, as long as you close off that piece of land one day a year, allowing no one access, than you are protected from any claims on it.

[tubebender]

Are you buying this property or selling it. If you are selling be sure to disclose this or the buyer could have recourse against you, at least in Calif.

[AAABEST]

Are you selling the property? If so why would there be a potential litigation threat after you vacate?

Is it possible for you to put up with their crap until you're out of there to avoid problems?

[BenLurkin]

You should consult with and, if necessary retain a lawyer familiar with the laws of your jurisdiction.

[hookville]

As I understand what you have posted, you have been given the right to *use* that piece of property, but you do not *own* it. Actual ownership remains with your neighbor. In any event, I don't see any problem as far as your sale is concerned. Whatever rights you have become, via the sale, the rights of the new owner and it is up to him/her to enforce them. Relax and breathe easy!

[Torie]

The owners of Lot "B", their successors and assigns, hereby grant to the owners of Lot "A", their successors and assigns, the right of ingress, egress and parking in the area designated as 2-Car Parking, Lot "A"."

Just why the above language grants an exclusive right to the owners of Lot A to parking privileges excapes me. It clearly doesn't.

[Torie]

I should add there is always the adverse possession route. That is another kettle of fish.

[yooper]

"What risk is there to me if I allow some slight encroachment on the parking pad?"

There is substantial risk. First of all, I find it hard to believe that your plat map makes reference to the use of parking spaces. I'm not saying it doesn't, but I've yet to see a plat map that does so.

That said, if you're willing to allow usage of parking on your property, you should have a recorded easement agreement stating that. If you don't, the future owners of your property will have to pursue civil litigation in the event that their neighbors begin parking on your former property.

If you don't want to engage in all of this legal bullshit, I would recommend that you (at the very least) spell out in minute detail (in the sale agreement) the arrangements you legally have with the neighbors. In my state (Michigan) this is known as "disclosure" and it will protect you down the road if your buyer starts having trouble with the neighbors.

Bottom line? If I were in your shoes I would first of all hire a lawyer to advise you of the legal implications of the sale, and second, pay a competant disinterested real estate dealer to be YOUR advocate during the process. It sucks to have to put out the money to do this, but you'll have your backside covered in the future......

[Lockbox]

Sell the House to a Lib, that will fix them...........

[Grim]

The legal description sounds to me like the prior owner of your home was using your parking space which actually belongs to the owner of Lot B. In order to prevent the owner of Lot A from claiming "Adverse Posession" the owner of Lot B "granted" egress to the parking space.

This grant of egress allows the owner of Lot B to maintain ownershp of the parking space since for "Adverse Posession" to be perfected, the usage must be "adverse," that is, against his wishes. By granting permission, the owner of Lot A has no permanent claim to posession.

The parking space, then, it seems, actually belongs to the owner of Lot B, which is probably why he's so cranky about it.

I doubt you can convey your permission for egress to the new owners and I'm pretty sure the owners of Lot B will be able to prevent the new owners access if they so wish.

Caveat: I'm not a real estate attorney, but I'm pretty sure this is how "adverse posession" works.

A real estate attorney familiar with the laws in your state should be able to give you a final opinion. As it were, you shouldn't have any liability as long as the parking space is not included in the deed description of your property.

[Walkingfeather]

Check your local municipal codes regarding sign ordanences... usually there is a section on political signs must be down x numbers of days or hours after an election. If it is a issue you can call your local code enforcement officer. If it is on the lawn that is between the sidewalk and the street usually that is owned by the city and is an easment and thus if there is a sign on that part of the property it can be removed by the city.

[RedsHunter]

Go buy a junked car for $100 or less. Have it towed to your side of the parking spaces and drop it as close to the dividing line, on your side, as possible ... and leave it there.

[VA Advogado]

I live on Lot "A". I have been told that this paragraph means that I have exclusive parking rights on the designated spaces.

If they continue to drift onto our space for the next three weeks, is there a potential litigation threat to me after we vacate the property?

Nothing in that passage you cited states or implies you have EXCLUSIVE parking rights on that property. In fact, it appears that your neighbors own that property and you are only allowed to park their by virtue of a contract between your two properties.

[Jhoffa_]

Hey, I don't know squat about property laws but from a moral standpoint you should disclose this to the buyers.

I mean, if you are so concerned about this and if your concern is indeed valid then you are foisting your problem off on someone else.

It's like selling a car with a bad bottom end to some woman who doesn't know better and writing "no warranty" on the bill of sale.

-> "Do unto others.." <-

As far as yoru neightbors go.. Just kill them and bury them in the woods.. Along with their stupid sign.

[KC Burke]

The only reason that I can understand for this to have been written up this way is that you have to cross his property to access the parking pad....In other words, its not on a public street, alley or access...is that correct?

If that is the case, the clause was written to be an entry easement for purposes of parking only, i.e. not for a driveway to a future garage for example....Is the pad on a public way?

[Destructor]

Get yourself a good lawyer. That is the best free advice you will get from anybody.

[TheRightGuy]

Put up a sign that says, "TRESPASSERS WILL BE SHOT!"

Then do it.

[tacticalogic]

Buy a cheap used motorcycle, and at the first opportunity park it right at the edge of the line on your side. Put it up on the center stand and leave it there.