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Posted on 4/15/26 at 8:09 pm to rpg37
Following this to see how it ends
Posted on 4/15/26 at 8:18 pm to rpg37
I had a very similar case in Atlanta. I handed it off a few years ago and I think they’re still fighting over that shite in court.
I’ll check on it.
I’ll check on it.
Posted on 4/15/26 at 8:22 pm to McLemore
We will follow through and meet with this lawyer tomorrow. My contractor says in their initial meeting the code cited MS C15-1-13 does not apply because the hotel never requested to vacate the area. I will follow up in this thread.
Posted on 4/15/26 at 8:22 pm to rpg37
Build a wall 6” to the inside of the lot line. Post a “frick You” sign on it. Never speak to him again.
Posted on 4/15/26 at 8:28 pm to rpg37
You need to put this historical property in a family LLC. Orange cones and survey marker tape.
Then as Jim mentioned, MS Paint the plat for us.
Then as Jim mentioned, MS Paint the plat for us.
This post was edited on 4/15/26 at 8:28 pm
Posted on 4/15/26 at 8:39 pm to rpg37
Can’t help you. I could if you were in Louisiana.
Posted on 4/15/26 at 8:43 pm to Traffic Circle
quote:
Why does society encourage Morris Bart and Gordon and so little is spent on real issues like this?
Because that’s where the money is. Insurance companies have a lot of money. The average Joe to protect his rights? Not so much.
Posted on 4/15/26 at 9:00 pm to rpg37
Car port? You own a parking lot!
Posted on 4/15/26 at 9:46 pm to Jebadeb
I doubt title insurance would help in this situation. He still owns the land. I’m sure if he looks at his sale, the title company probably described the land fine in the sale.
The reality is many people should get a survey before buying property but nobody wants to pay for that.
The reality is many people should get a survey before buying property but nobody wants to pay for that.
Posted on 4/16/26 at 12:19 am to rpg37
Its a negotiation. You need leverage.
Send an invoice for however long hes owned the hotel, for rental/land usage. You can always back off later.
Send an invoice for however long hes owned the hotel, for rental/land usage. You can always back off later.
Posted on 4/16/26 at 2:23 am to Twenty 49
quote:
10 years adverse possession.
Im not an attorney, but I don't see that applying. There may be another statute, law, or decision that would apply though I'm sure. I would contact an attorney to find out options. After that, I would try to reach an agreement outside of court. If you can't reach an agreement but are certain you have a stake to the property,put up a concrete wall blocking access to the parking lot just because this guy sounds like an a-hole.
Posted on 4/16/26 at 4:04 am to LSU1018
quote:
The reality is many people should get a survey before buying property but nobody wants to pay for that.
:LSUkige:
Posted on 4/16/26 at 5:54 am to rpg37
Is this a platted subdivision? If so the original plat of record should show the dimensions of your lot. However, if someone that owned your property in the past had allowed the hotel to build a parking lot on what is your property and the parking lot has been there a long time then the hotel owners would have a very good adverse possession claim.
This post was edited on 4/16/26 at 5:55 am
Posted on 4/16/26 at 6:42 am to Canon951
I wanted to add to my post above...if the legal description on your owner's title policy encompasses the area where this parking lot is now situated you could probably file a claim with the insurance and let them handle it. I would probably talk to an attorney first to see which course of action to take.
The title insurance will only insure issues concerning the land described on the title policy. So if the described land on the policy overlaps with this parking lot area then you may have a claim is what I'm trying to say.
The title insurance will only insure issues concerning the land described on the title policy. So if the described land on the policy overlaps with this parking lot area then you may have a claim is what I'm trying to say.
This post was edited on 4/16/26 at 6:45 am
Posted on 4/16/26 at 6:57 am to Canon951
I’m surprised no one’s asked but…
What are you angling for as the end result?
Peace and reasonable access? Every inch properly accounted for?
If going to the wall, I’d say go chat with a lawyer
If simply trying to get what you were asking for, perhaps chat with the neighbor again first and suggest that he accept your generous offering
What are you angling for as the end result?
Peace and reasonable access? Every inch properly accounted for?
If going to the wall, I’d say go chat with a lawyer
If simply trying to get what you were asking for, perhaps chat with the neighbor again first and suggest that he accept your generous offering
Posted on 4/16/26 at 10:22 am to NoSaint
I don’t want problems. I want a peaceful resolution. Actually, I’m the most ideal world, I’d love for my property to be zoned in with the hotel. I’d allow him to keep the lot as is, with me cutting the curb into my carport if he allows me to zone with him allowing me to STR the property. From talking to the zoning commission, they said that would be the easiest way for me to get zoned for it.
Posted on 4/16/26 at 10:30 am to Twenty 49
quote:
He may have a claim to the parking lot property based on 10 years adverse possession.
This^^^^
By actively using it as a parking lot he may have taken ownership of
Definitely get a property lawyer involved before trying to flex on him or his lawyer
Posted on 4/16/26 at 10:37 am to rpg37
quote:
I’d love for my property to be zoned in with the hotel.
Is your zone residential, his commercial / business?
quote:
I’d allow him to keep the lot as is
Having bought and sold commercial, the more parking you have the better.
As to resolution without lawyers and headaches, do your homework first.
Get a survey but ask them to low pin it so nobody sees the bright flags / ribbons or wooden stakes. Even better is they map it (approximate) without being obvious on site so you have a feel where your fight will be. If the multiple parking are on your part of the survey, that is an asset to you and you need to protect it.
As stated before, if you have title insurance, and the deed description shows ALL inside what you bought (and they insured) that is the next place to go as they are on the hook and may have better access to lawyers who win for you.
On a side note, is the a Board of Adjustment type issue or a full blow zoning issue? If full blown zoning, do you want an upgrade for your land?
Posted on 4/16/26 at 10:53 am to rpg37
quote:
I don’t want problems. I want a peaceful resolution. Actually, I’m the most ideal world, I’d love for my property to be zoned in with the hotel. I’d allow him to keep the lot as is, with me cutting the curb into my carport if he allows me to zone with him allowing me to STR the property. From talking to the zoning commission, they said that would be the easiest way for me to get zoned for it.
Seems reasonable, good luck.
Also wanted to mention that although others have discussed adverse possession, that likely wouldn’t apply to the shared alley, since AP requires an exclusive possession. He could have obtained a servitude through AP, but that likely wouldn’t give him the right to tell you that you can’t cut the curb.
MS also requires the party claiming ownership through AP to pay property taxes for at least two years.
I’m sure your attorney will tell you all of this…
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