Ending Neighbor's Permissive Use of an Encroaching Driveway

[greeny]

Hello! I really need some help with a problem that I have with my neighbor who lives next door to me.

My neighbor has been using a portion of my property for their driveway as well as a portion behind their house. I gave them permission to use it but I told them that it doesn't mean they can claim it. Bad thing! I don't have any of this written in paper!!! The neighbor who is using a part of my property does not pay anything! I pay the tax! Basically, as time goes by, the neighbor acts as if my part of the property that they are currently using belongs to them all because of problems that we're having. So, we start having problems with each other and always argue about the property. Here's the thing, we were having the argument on my property that they were using (which was behind their house) and yet they threatened me to back off because it was theirs and later on, I discovered that they put up a "No trespassing" sign on a portion of my property! Called the cops and they didn't even do anything! I told them that I have the papers proving that the property that the neighbors are using is mine and that my property has already been surveyed . Now what I want to do is fence my property! can I do it? that means fencing in the portion that I allowed them to use. Do I need to go to a court to get permission? How many years needed before my property belongs to my neighbor in california? please help me! thanks in advance.

[aaron]

How long ago was permission granted? Was it only at the time that permission was granted that the neighbor started to use your land?

[cherymax]

I have exactly the same problem, except I live in GA. I've been consulting a laywer and doing research on my own.

Here's what I've come up with:

The use of your land by your neighbor is persmissive and may be revoked by you at any time. You have the right to revoke his permissive use of your land at anytime.

The "clock" doesn't start running for prescriptive easment until you notify him that he use of your land is no longer permissive.

I too have been struggling with the idea of putting up a gate to block access. I notified my neighbor in writing that he is to stop using my land that isn't designated as easement and gave him 30 days to make his easement ready for use.

I also don't have anything in writing, but I think I'd let him sue you and spend the money on a lawyer/court. My neighbor doesn't maintain his easement and tracks mud all up and down my personal drive. My neighbor has never lent a had or a dollar to help maintain anything.

The only reason I struggle with putting up a gate is because I don't want to be the bad guy... but after 4 years I'm reaching my limits.

My neighbor also put up a no trespassing sign on my property... I ripped it down... end of story.

I'd like to hear your story/results.