My Neighbor Mows Some of My Lawn

[Gary_in_Indiana]

I can certainly appreciate him wanting his area to look nice. If he wants to finish cut it I'd probably let him. Nonethelss I'd still probably take the time to do that area whenever I mowed, too. It can't hurt anything and may provide the subtle hint that he's not saving you any time there.

As to the concerns about adverse possession, it's a lot more difficult to obtain than just mowing the grass. In most jurisdictions it has to be "open, adverse, notorious and hostile possession."

In the old days that pretty much meant putting up your fence and having your herd graze there or clearing, plowing, planting and harvesting. It also meant defending it with your six shooter. These are different times in most areas and one of the things required to claim "open, adverse, notorious and hostile possession" is paying the property taxes on the land. My guess is that the county tax assessor is still sending you that bill. /w3tcompact/icons/smile.gif

Still, that having been said, it can cost a small fortune to defend even groundless claims so you might want to just set a couple fenceposts on those two property corners nearest that neighbor, It should be pretty inexpensive (unless, of course, you need to buy a new post hole digger with an assortment of augers, in which case you could tell the wife you *need* this to prevent future lawsuits). Split rail corner posts with rails coming out of the rail slots to the ground pointing along your property lines should do the trick.

If you do that at the other corners of the property as well you might even avoid the appearance that you're trying to mark boundaries just on your line with him but rather just trying to decorate your property corners all the way around. Good luck. I hope this helps. /w3tcompact/icons/smile.gif

 

[TimSullivan]

You have a issue that can be resolved either in a friendly way or you can antagonize your neighbor.

I owned land and a small area of my neighbor’s land was on my side of a creek. He cut one side and I cut the other. I cut his land for fourteen years. If I had gotten a legal letter from him about the land, I would have wondered why he just didn’t come and talk to me. I know that people have to protect themselves but there are ways to do it without sounding like you are afraid that a neighbor is out to take your land.

You could send him a nice letter thanking him for cutting your grass and include a gift certificate to a nice restaurant. Then take the advice of 8NTX and cut it first a few times and right down the date and file it. The cost of the gift certificate is well worth good neighbor relations. Always try to keep your neighbors happy.

 

[Inspector507]

My neighbor cuts some of my yard.......but I cut some of theirs when I cut too. I talk to them rather often. I eat out of their garden, and they eat off my fruit trees. We kinda call it even. They're great folks and neither one of us thinks the other is out for something. He uses my yard to turn around his truck when he gets out to the garden, since he is in poor health. But he has always fixed the ruts when he gets stuck in the low parts too...../w3tcompact/icons/grin.gif

 

[cstocks]

I agree with Tim. It would be better to try continue to find a dipolmatic, friendly solution first before resorting to solutions that may be viewed as hostile or un-neighborly. I would continue to try convince your neighbor that you want to mow your own yard and be as tactful, friendly and neighborly as you possibly can. If you can get what you want and remain friends you will be far better off in the long run. If he has no hidden motives for mowing your land but you approach him aggressively you may run the risk of offending him or hurting his feelings and ruining your good neighbor relationship with him. I don't think that is what you want. If his intentions are honest I don't think that is what he would want either.

 

[bgott]

Good fences make good neighbors.

 

[cstocks]

A good fence around my own personal 1,000 acres would make for a better neighbor!

 

[MDNick]

Chris,

Actually, TWO fences. Around the entire perimeter, 10 feet apart. Patrolled by 15 rarely fed rotweillers, or dobermans, or pit bulls, or 15 of each. Put the house in the middle. Ensure clear fields of fire. /w3tcompact/icons/laugh.gif Alas, 1000 acres is expensive and hard to come by in this area. I guess I'll settle for my 3 acres, one noisy neighbor (that at least stays on his property) and Leo that wags his tail at anybody./w3tcompact/icons/laugh.gif

Nick

 

[JIMCT]

Acquiring land by adverse possesion in most states is quite difficult. Possesion has to be all of the following:

1 Continuous and notorious - You are there and and everyone knows it. time varies by state but is always many years.

2 Exclusive - You keep all others off by fencing, posting, etc.

3 Under color of title - You have a legal argument other than the above for keeping the land. This can be a disputed survey or a cloud on the title but cannot be an oral agreement.

I would not worry at all about this as long as the neighbor is a good guy. A difficult neighbor can cause plenty of trouble regardless of his having no legal rights.

 

[cj7]

If you have a good relationship or can at least talk to him then do so. Be honest.

If it continues then go to your attorney for advice on your local laws and what you should do.

 

[cstocks]

/w3tcompact/icons/laugh.gif/w3tcompact/icons/laugh.gif/w3tcompact/icons/laugh.gif/w3tcompact/icons/laugh.gif
How true! Thanks for starting my day off with a bigh laugh!