Neighbor has an above ground pool. About 12 years ago they built a wooden deck onto pool. About 10 years ago we had our land surveyed and deck encroaches our property approx 5 feet. Neighbor is aware, and we orally agreed to let the deck stay until we say otherwise. Do we need a writing?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
Adverse possession
While you can defeat a claim of adverse possession by demonstrating that the encroaching party used your land with your permission, I'm sure you know it's not really a good idea to allow others to use your land, even if it does help with neighbourly relations. However, if that's what you choose to do, I would get it in writing and have the neighbor sign the writing (in front of a notary public), acknowledging that you are giving him permission to use the land in question and that said permission may be withdrawn at any time.