Storage/Parking away from the house???

[LetsRV]

Long story but basically neighbor's new boyfriend has decided he needs the one foot (literally) that we are over the property line when parking our MH next to our house. Girlfriend (owner of house) tends to agree with whatever boyfriend says. Soooo

We've been parking RV's in this space for 20 years(15 with current neighbor). Been through prev neighbor, current neighbor with now ex-husband and two boyfriends. Motorhome has been there 13 of the 20.

I am actually considering shortening the eaves on the garage to get over one foot. If that isn't possible then I guess I'll have to move it. Technically we are a foot on their property.

Anyway, the convenience of parking by the house, plugging in the MH to keep batteries charged, and loading up for a trip will be gone.
Was wondering what others do who park/store their MH elsewhere?

How do you keep the batteries charged (especially in the winter during non-use). What to you do when preparing for a trip and need to get the frig cold and then load it up with food (generally day before we leave)? Guessing it may now be the day we leave??

Any suggestions are appreciated.

[cKarlGo]

bigdogger wrote:

X12AEsq wrote:

bigdogger wrote:

X12AEsq wrote:
Consult a local attorney. Possibilities: non-conforming use (parking the RV) may have begun prior to that zoning limitation, hence grandfathered; parking RV on neighbor's land with concurrence for 20 years may have created a permissive easement in your favor; depending on adverse possession statutes in your jurisdiction, it may actually have given you a colorable claim to ownership of that 1 foot strip.

No, you will not win a claim for prescriptive easement. Among the elements necessary to win such a claim would be the fact that rectifying any encroachment would create undo hardship on the party encroaching and that the encroachment has been ongoing for a long period of time. Obviously, since it is an RV it can easily be removed (unlike if you accidentally built a barn one foot onto their property) and the encroachment has not been ongoing, since the encroachment ends every time you take the RV on a trip.
Most people would not like losing part of their land. If it was the neighbor coming after you for a running foot of your land, most of us would fight it tooth and nail. The reason the neighbor doesn't want people encroaching on their property is immaterial. It's their property.

Every jurisdiction is different; that's why it's necessary to consult a local attorney. In Texas, for example, the elements of a prescriptive easement are "'the open, notorious, hostile, adverse, uninterrupted, exclusive and continuous use of the servient estate for a period of more than ten years, and the absence of any of these elements is fatal to the prescriptive claim.' Allen v. Allen, 280 S.W.3d 366, 377 (Tex.App.—Amarillo 2008, pet. denied); see also Brooks v. Jones, 578 S.W.2d 669, 673 (Tex. 1979) ('To obtain a prescriptive easement one must use someone else's land in a manner that is open, notorious, continuous, exclusive, and adverse for the requisite period of time.')" Wallace v. Kent County, 2013 Tex. App. LEXIS 10573, 10-11 (Tex. App. Amarillo Aug. 21, 2013)

This is not legal advice; once again, consult a local attorney.

Obviously a motorhome coming and going would not meet the standard of "continuous". Unlike a structure, it would nearly impossible to prove an rv had been parked across the property line for twenty years. If someone attempted such a bogus legal claim against me and my property I would make it a life's mission to make their life a living hell.

I agree with bigdogger. In addition, the notion of dragging someone into court because one has been willfully trespassing on their land for 20 years and the land owner wants the practice to stop is, IMHO, morally repugnant. I'm stunned that someone would even consider or suggest such a course of action.

[bigdogger]

X12AEsq wrote:

bigdogger wrote:

X12AEsq wrote:
Consult a local attorney. Possibilities: non-conforming use (parking the RV) may have begun prior to that zoning limitation, hence grandfathered; parking RV on neighbor's land with concurrence for 20 years may have created a permissive easement in your favor; depending on adverse possession statutes in your jurisdiction, it may actually have given you a colorable claim to ownership of that 1 foot strip.

No, you will not win a claim for prescriptive easement. Among the elements necessary to win such a claim would be the fact that rectifying any encroachment would create undo hardship on the party encroaching and that the encroachment has been ongoing for a long period of time. Obviously, since it is an RV it can easily be removed (unlike if you accidentally built a barn one foot onto their property) and the encroachment has not been ongoing, since the encroachment ends every time you take the RV on a trip.
Most people would not like losing part of their land. If it was the neighbor coming after you for a running foot of your land, most of us would fight it tooth and nail. The reason the neighbor doesn't want people encroaching on their property is immaterial. It's their property.

Every jurisdiction is different; that's why it's necessary to consult a local attorney. In Texas, for example, the elements of a prescriptive easement are "'the open, notorious, hostile, adverse, uninterrupted, exclusive and continuous use of the servient estate for a period of more than ten years, and the absence of any of these elements is fatal to the prescriptive claim.' Allen v. Allen, 280 S.W.3d 366, 377 (Tex.App.—Amarillo 2008, pet. denied); see also Brooks v. Jones, 578 S.W.2d 669, 673 (Tex. 1979) ('To obtain a prescriptive easement one must use someone else's land in a manner that is open, notorious, continuous, exclusive, and adverse for the requisite period of time.')" Wallace v. Kent County, 2013 Tex. App. LEXIS 10573, 10-11 (Tex. App. Amarillo Aug. 21, 2013)

This is not legal advice; once again, consult a local attorney.

Obviously a motorhome coming and going would not meet the standard of "continuous". Unlike a structure, it would nearly impossible to prove an rv had been parked across the property line for twenty years. If someone attempted such a bogus legal claim against me and my property I would make it a life's mission to make their life a living hell.

[Wrong_Lane]

Best advise so far was from Effy. Thank them for the time they allowed you to park there and move on. Keep things civil. Remember that when you go out for revenge - dig two graves.

[Effy]

X12AEsq wrote:

bigdogger wrote:

X12AEsq wrote:
Consult a local attorney. Possibilities: non-conforming use (parking the RV) may have begun prior to that zoning limitation, hence grandfathered; parking RV on neighbor's land with concurrence for 20 years may have created a permissive easement in your favor; depending on adverse possession statutes in your jurisdiction, it may actually have given you a colorable claim to ownership of that 1 foot strip.

No, you will not win a claim for prescriptive easement. Among the elements necessary to win such a claim would be the fact that rectifying any encroachment would create undo hardship on the party encroaching and that the encroachment has been ongoing for a long period of time. Obviously, since it is an RV it can easily be removed (unlike if you accidentally built a barn one foot onto their property) and the encroachment has not been ongoing, since the encroachment ends every time you take the RV on a trip.
Most people would not like losing part of their land. If it was the neighbor coming after you for a running foot of your land, most of us would fight it tooth and nail. The reason the neighbor doesn't want people encroaching on their property is immaterial. It's their property.

Every jurisdiction is different; that's why it's necessary to consult a local attorney. In Texas, for example, the elements of a prescriptive easement are "'the open, notorious, hostile, adverse, uninterrupted, exclusive and continuous use of the servient estate for a period of more than ten years, and the absence of any of these elements is fatal to the prescriptive claim.' Allen v. Allen, 280 S.W.3d 366, 377 (Tex.App.—Amarillo 2008, pet. denied); see also Brooks v. Jones, 578 S.W.2d 669, 673 (Tex. 1979) ('To obtain a prescriptive easement one must use someone else's land in a manner that is open, notorious, continuous, exclusive, and adverse for the requisite period of time.')" Wallace v. Kent County, 2013 Tex. App. LEXIS 10573, 10-11 (Tex. App. Amarillo Aug. 21, 2013)

This is not legal advice; once again, consult a local attorney.

Jeez, lot of hoops to work around parking on someone elses property when they asked you not to. Attempting to force the issue will only make matters MUCH worse. I really don't want to have that kind of relationship with folks that live next door. Not sure about the OP.

[X12AEsq]

bigdogger wrote:

X12AEsq wrote:
Consult a local attorney. Possibilities: non-conforming use (parking the RV) may have begun prior to that zoning limitation, hence grandfathered; parking RV on neighbor's land with concurrence for 20 years may have created a permissive easement in your favor; depending on adverse possession statutes in your jurisdiction, it may actually have given you a colorable claim to ownership of that 1 foot strip.

No, you will not win a claim for prescriptive easement. Among the elements necessary to win such a claim would be the fact that rectifying any encroachment would create undo hardship on the party encroaching and that the encroachment has been ongoing for a long period of time. Obviously, since it is an RV it can easily be removed (unlike if you accidentally built a barn one foot onto their property) and the encroachment has not been ongoing, since the encroachment ends every time you take the RV on a trip.
Most people would not like losing part of their land. If it was the neighbor coming after you for a running foot of your land, most of us would fight it tooth and nail. The reason the neighbor doesn't want people encroaching on their property is immaterial. It's their property.

Every jurisdiction is different; that's why it's necessary to consult a local attorney. In Texas, for example, the elements of a prescriptive easement are "'the open, notorious, hostile, adverse, uninterrupted, exclusive and continuous use of the servient estate for a period of more than ten years, and the absence of any of these elements is fatal to the prescriptive claim.' Allen v. Allen, 280 S.W.3d 366, 377 (Tex.App.—Amarillo 2008, pet. denied); see also Brooks v. Jones, 578 S.W.2d 669, 673 (Tex. 1979) ('To obtain a prescriptive easement one must use someone else's land in a manner that is open, notorious, continuous, exclusive, and adverse for the requisite period of time.')" Wallace v. Kent County, 2013 Tex. App. LEXIS 10573, 10-11 (Tex. App. Amarillo Aug. 21, 2013)

This is not legal advice; once again, consult a local attorney.

[Effy]

dieharder wrote:
First of all, you've never indicated a reason why they want you to move the RV. You say they now have a kid? Maybe they want to put up a fence so the kid can play safely in the yard and can't do so while your RV is over the line?

Now you're starting to think about creating problems for him to park his car and boat because you can't park over the line anymore? Starting to sound pretty petty to me. Suck it up and move on.

I would agree. While I empathize with the OP, at the end of the day your neighbor is right and it's their land. They allowed you to use it. That has ended but they never did anything wrong, you did, only by their allowance for you to get away with it. Not saying it's bad what you did and I am sure I would do the same. But them asking you to no longer park on their property is not a cause for revenge. That will just promote an uncomfortable relationship. Not good when you live next door. I would take the high road on this one. "Thanks for letting me use it as long as you did, it has made my life much easier. If you really feel like you can's allow me to park it there anymore and nothing I can do to sway you, then I will find another place. I respect that it's your property" Let's be real, you would want them to do the same were the shoe on the other foot. Perhaps it was difficult for them to ask you not to park there anymore for fear of upsetting the apple cart. Respect their request for their property and move on.

[down_home]

If you can find inside storage that is not too far away do it. they check our batteries on a schedule and it is connected to fifty amp all the time plus other things and full time security. Open storage where everyone passing takes notice is inviting problems. If they have full time security that makes it better though. imo

[bigdogger]

X12AEsq wrote:
Consult a local attorney. Possibilities: non-conforming use (parking the RV) may have begun prior to that zoning limitation, hence grandfathered; parking RV on neighbor's land with concurrence for 20 years may have created a permissive easement in your favor; depending on adverse possession statutes in your jurisdiction, it may actually have given you a colorable claim to ownership of that 1 foot strip.

No, you will not win a claim for prescriptive easement. Among the elements necessary to win such a claim would be the fact that rectifying any encroachment would create undo hardship on the party encroaching and that the encroachment has been ongoing for a long period of time. Obviously, since it is an RV it can easily be removed (unlike if you accidentally built a barn one foot onto their property) and the encroachment has not been ongoing, since the encroachment ends every time you take the RV on a trip.
Most people would not like losing part of their land. If it was the neighbor coming after you for a running foot of your land, most of us would fight it tooth and nail. The reason the neighbor doesn't want people encroaching on their property is immaterial. It's their property.

[2bzy2c]

X'S 2

[Bumpyroad]

2bzy2c wrote:
If you win, the neighbor will be angry. Either way, the attorney will be happy. Far cheaper to just store it off site.

.

especially since it can be parked on his property less than a mile away legally.
bumpy

[2bzy2c]

X12AEsq wrote:
Consult a local attorney. Possibilities: non-conforming use (parking the RV) may have begun prior to that zoning limitation, hence grandfathered; parking RV on neighbor's land with concurrence for 20 years may have created a permissive easement in your favor; depending on adverse possession statutes in your jurisdiction, it may actually have given you a colorable claim to ownership of that 1 foot strip.

I really doubt it. In order for a "prescriptive easement" to be enforced purely for the purpose of storing an RV, would require a survey, lots of legal fees, and when is all said and done, all you will have is a angry neighbor. No one wins. If you lose, you are angry. If you win, the neighbor will be angry. Either way, the attorney will be happy. Far cheaper to just store it off site.

As far as cutting the eves on your home, if you feel that is a reasonable solution, then go for it. However, when you go to sell your home at some point in the future, the inspector will see that, and probably make a recommendation that the eves be restored. Now your cost has more than doubled.

If you store offsite, your neighbor will be happy, your home will not have to suffer an eve haircut, and you will not have to restore the damage/alterations to your home.

Not everyone thinks RV's are a beautiful as we do. Hard to imagine, but true.

[X12AEsq]

Consult a local attorney. Possibilities: non-conforming use (parking the RV) may have begun prior to that zoning limitation, hence grandfathered; parking RV on neighbor's land with concurrence for 20 years may have created a permissive easement in your favor; depending on adverse possession statutes in your jurisdiction, it may actually have given you a colorable claim to ownership of that 1 foot strip.

[OhhWell]

steveh27 wrote:

hotjag1 wrote:
Quote:
Now the good news. I also found out that you can't park within 5ft of property line unless in an approved driveway. This area is not a driveway. So, no boat for boyfriend and good chance I can make him park truck out in the street. Oh yes, speaking of street. Code says cars on public street must be moved every day (!). You can't just park it and leave it. Might be an issue for boyfriend as he has old beat-up Camero thats been parked out front for weeks. I guess what comes around does indeed go around".
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I would suggest getting a written copy of the zoning laws that you quoted above and show them to the boyfriend. Tell him that you will cut him some slack on those zoning laws if he does the same for you. Obviously, your location hasn't enforced those laws for 20 years, so why not try it. If they start to enforce them later down the road, go with your alternate plan at the rental.

I agree with this attempt at negotiation. Try to keep it informative and not threatening.

Wow, great find and huge leverage in brokering a mutual deal. You could either both win or both lose. Since you were already resigned to losing and had a plan, he is the one with the most to lose. By the way, he is starting to sound like a real class act...

Please keep us up to date; this is very interesting.

[steveh27]

hotjag1 wrote:
Quote:
Now the good news. I also found out that you can't park within 5ft of property line unless in an approved driveway. This area is not a driveway. So, no boat for boyfriend and good chance I can make him park truck out in the street. Oh yes, speaking of street. Code says cars on public street must be moved every day (!). You can't just park it and leave it. Might be an issue for boyfriend as he has old beat-up Camero thats been parked out front for weeks. I guess what comes around does indeed go around".
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I would suggest getting a written copy of the zoning laws that you quoted above and show them to the boyfriend. Tell him that you will cut him some slack on those zoning laws if he does the same for you. Obviously, your location hasn't enforced those laws for 20 years, so why not try it. If they start to enforce them later down the road, go with your alternate plan at the rental.

I agree with this attempt at negotiation. Try to keep it informative and not threatening.