Gordon Blvd Wrote:
-------------------------------------------------------
> how pathetic to leave a note when you EFFING LIVE
> RIGHT NEXT DOOR!!!
"leave a note" isn't actually what was posted - it was "got a written note" which could suggest any delivery method.
Having a nice conversation is a good way to get things done, but you can't present it as hard evidence in court - a certified letter, return receipt, works a lot better.
===
I've been considering doing exactly that, albeit worded as friendly and diplomatically as possible, to remind a couple neighbors that I have (with permission in one case) allowed both to cross the property line with something in their yards. The only reason I've considered the formal route is because of the interesting historical property silliness known as "adverse possession":
>>> "...The theory of the doctrine of adverse possession is that the
>>> person who holds or uses property adversely against the rightful
>>> owner should ultimately be entitled to own that property..."
which could be a real kick-in-the-teeth down the line.
However...:
===========
"...you can avoid your neighbor's successful claim of adverse possession by removing one of the legal elements required for this claim -- namely adversity.
You have indicated that you have already discussed this with your neighbors. I would suggest that you send them a letter, certified, return receipt requested, stating that you recognize that the shed is on your land and for a limited period of time you are going to permit them to keep the shed on your property.
According to one judge, "If the use by me of my neighbor's land is, on its face, permitted by my neighbor as a matter of neighborly accommodation, the use is not adverse or hostile."
Put a copy of the letter and the return receipt among your valuable papers, and periodically -- perhaps every five years -- renew this permission to your neighbors..."
===========
http://realtytimes.com/rtpages/20030407_adversepossession.htm
so sometimes the ol' certified letter route can be of assistance.