Neighbor thinks he owns my land?

[sixdogs]

Well, if you say they can use the property for camping, cook outs, etc.; then you could be liable if they were injured...ask your homeowners insurance agent for advice.
But, those neighbors must acknowledge it's your property (once that's been settled).

My thoughts exactly. If they trip on a branch, no "can" about it. You will be expected to pay for their resultant claims. As unpleasant as it is, they cannot use land that is not theirs and you cannot grant permission because "your insurance doesn't cover it". Life is tough and it's not up to you to solve their problems. Be nice but firm and know that the nicer you are, the more the "no good deed goes unpunished.." thing will apply. Been there and done that.

 

[grsthegreat]

I got to building my fences right away on my property while the official corner stakes were in the ground.

Ive been involved on property disputes in the past and didnt want that on the new place. So far ive been able to get along with the neighbors just fine.

Good fences make good neighbors.

 

[MarkV]

Just to relate my experience with ADVERSE POSSESSION laws, at least in Georgia. MY neighbor at the farm had his fence up adjoining his neighbors property for over 50 yrs. and the property was sold , the new owner had a survey done and it revealed that my neighbors fence was encroaching on his property some 50 feet by over 1,000 ft. ~ That meant my neighbor was going to lose 50 ft. of road frontage , lose an acre or more of land and have to tear down and replace his fence....so my neighbor sued for Adverse Possession...Long story short...it went on in the court for 3 yrs., cost my neighbor a bunch and he lost .....His new neighbor tore down his fence and left open so my neighbor had to buy all new fence ...His lawyer told him it was almost impossible to take land by Adverse possession...Maybe it is different states and even if different cases in Ga. but that is what happened in this case.. I was even a witness for my neighbor to verify his fence had been there for 50 yrs.and he had maintained the property all that time...made no difference..

Adverse Possession gets brought up and blown out of proportion every time there is a discussion on the forum about neighbors and property lines. I sure do agree that it is important to know where yours is and to decide how you want to let your property be used but it is unlikely you will lose it to adverse possession.

Brim your example is pretty much what my attorney has said. It is almost impossible to win an adverse possession case.

MarkV

 

[Jstpssng]

My thoughts exactly. If they trip on a branch, no "can" about it. You will be expected to pay for their resultant claims. As unpleasant as it is, they cannot use land that is not theirs and you cannot grant permission because "your insurance doesn't cover it". Life is tough and it's not up to you to solve their problems. Be nice but firm and know that the nicer you are, the more the "no good deed goes unpunished.." thing will apply. Been there and done that.

This gets brought up again and again; check your state laws. In Maine the landowner can't be sued if he allows recreational use and somebody gets hurt due to his own actions. Start charging though, as some have suggested, your liabilty can change.

Landowner Liability The Maine Sportsman

This can vary from state to state. We have a tradition in Maine of free access to private land; mostly the large tracts which have provided residents and visitors with jobs and recreation for centuries.

 

[Gale Hawkins]

This gets brought up again and again; check your state laws. In Maine the landowner can't be sued if he allows recreational use and somebody gets hurt due to his own actions. Start charging though, as some have suggested, your liabilty can change.

Landowner Liability The Maine Sportsman

This can vary from state to state. We have a tradition in Maine of free access to private land; mostly the large tracts which have provided residents and visitors with jobs and recreation for centuries.

When $$$ starts to change hands the rules change fast in many games.

 

[bcp]

Washington's law

In Washington State, the elements that must be met to have a claim of adverse possession are as followed:

The possession must be..........

1. Exclusive. Only you, or people authorized by you, can have possession of the land in question for the required period of possession (which is 10 years). Courts have ruled that the possession does not have to be absolutely exclusive, so you will want to discuss your particular situation with an attorney (see below).

2. Actual and uninterrupted. That means that you actually have possession and control over the land in question, and that possession is not interrupted by an adversary.

3. Open and notorious. An adversary must be aware that his land is being taken. But you don't have to write the landowner, or anything like that. Your possession must be in a manner that is overt, not covert.

4. Hostile. That means that you treat the land in question as your own, and defend it against the world. Adverse possession is not created when you have the permission of the landowner to use his land (so a long-term tenant cannot claim adverse possession).

(Chaplin v. Sanders , 100 Wn.2d 853 , 857, 676 P.2d 431 (1984))

Read more: What is the law governing adverse possession in Washington

 

[beppington]

Rather than contacting these neighbors ... once you know for sure where your property boundaries are, maybe you could take a plow, tiller or box blade with the tines down & go plow, till up or box blade your land in the area they are using, right smack up to the property line (just to be clear to them about where the line is).

This way you don't have to contact them at all - If there's going to be any communication between you, it would have to be them asking you what you're doing on "their land", & you can explain to them at that point, from your seat on your tractor on your side of the line, that, "I wasn't real sure where the property lines are so I decided I better have a surveyor mark them, & then I just decided I'd do some tilling." (or maybe say you're creating a fire break along the property line)

 

[Alan L.]

I realize adverse possession exists but it seems to me to be the stupidist provision ever though of. If you have a deed that proves you own a piece of property it should be your property until to sell it, even if you never set foot on the place to see if anyone is trespassing. To allow squatters to gain title to property is insane. Thats like saying if you steal a car and keep it x number of years then legally the car becomes yours.

Here in Texas, in the metroplex the news shows some squatters taking over homes that were empty. After a few weeks and more and more squatters, they police arrested the squatters for trespassing and warned that anyone who has ideas about squatting should forget it.

I would advise the trespassers that you don't carry insurance to protect you in case they get hurt on your property and that they have to get off. You could put no trespassing signs in the area with a phone number and see what happens.

 

[turnkey4099]

Adverse Possession gets brought up and blown out of proportion every time there is a discussion on the forum about neighbors and property lines. I sure do agree that it is important to know where yours is and to decide how you want to let your property be used but it is unlikely you will lose it to adverse possession.

Brim your example is pretty much what my attorney has said. It is almost impossible to win an adverse possession case.

MarkV

Depends. I got the adjoining abandoned country school lot by that but it wasn't contested.

Harry K

 

[Gale Hawkins]

I realize adverse possession exists but it seems to me to be the stupidist provision ever though of. If you have a deed that proves you own a piece of property it should be your property until to sell it, even if you never set foot on the place to see if anyone is trespassing. To allow squatters to gain title to property is insane. Thats like saying if you steal a car and keep it x number of years then legally the car becomes yours.

Here in Texas, in the metroplex the news shows some squatters taking over homes that were empty. After a few weeks and more and more squatters, they police arrested the squatters for trespassing and warned that anyone who has ideas about squatting should forget it.

I would advise the trespassers that you don't carry insurance to protect you in case they get hurt on your property and that they have to get off. You could put no trespassing signs in the area with a phone number and see what happens.

2x

We are talking about bullies and no more or no less. When bullies meet their match they either put up or shut up.