Dear Experts,
One of our tenants, (whos agenda is to claim adverse possession though no suite have yet started) , filed a caveat for do not obstruct the wide road they are using around 10 feet, which is through our land , which is through center and it divide our land in front to two part. we are agreed to give a 4 feet (I belive 3 feet is the legal right) through side to the house he stays which will give us a one single piece of land in front. entire property is ours , and we are also paying land taxes, building tax (for the house he stays) , the defensive stand instead of filing a suite is to sell a part of property.
My understanding that he filed a caveat instead of a suite as he didn't have any legal right on the property, but if we file a suite against him, I belive he will immediately claim an advers posession, which may take years to settle and untill its settled he can enjoy the property as he stays there. I also belive all these caveate filing is for proving his 'Hostile' stands in the court while claim adverse posession.
From my understanding caveat is not a court order, its just a notice. aganist any legal action , please correct me If I am wrong. My question are,
What happen if we forcefully close that road and make it 4 feet through side. as we provide passage , we didn't obstruct his easement right, as its not a court order I belive there is nothing wrong in doing so. If he destroy that closing wall , can we give a police complaint, while caveat exists.
Can we register that peice of land in another document while caveat exists, we plan to create another document including house he stays in another family member name, with road described in the document. so I belive the even if its become a suite in future, he can only claim the road in the document which include the house he stays. also it protect our risk to that document while saving the rest of the property. is there any legal restriciton on registering a document like Injunction ?
Also he will take income from our trees like , coconut, withour our permission. Can we move to file a criminal suite - theft on him?
Looking forward for some lights on these issues. Thank you for your valuable suggestions.
