BruceR
Gold Member
- Joined
- Aug 31, 2005
- Messages
- 429
- Location
- East Texas
- Tractor
- YM 2000B, JD 110, cub cadet 109, cub cadet 70, cub cadet 100
rgood,
Stick with your original plan. Folks mean well, but Adverse Possesion dosn't just happen overnight. As long as your property line is monumented at both ends, it will remain the property line. Adverse Possesion must be proved by the claimant and there are generaly 5-10 different criteria, all of which must be proved by the claimant.
SnowRidge is correct in saying that if you give your neighbor permission to use your property then it is not adverse. Livestock grazing is not usually enough to establish adverse posession. If your neighbor fenced your land and then turned his cows in there it would be a different story.
The first thing needed to establish Adverse Possesion is Intent. If your neighbor "thought" your fence was the line then he would simply be mistaken, he wouldn't have the intent to steal your land. It also has to be open and notorious; casual encroachment would not establish Adverse Possesion. He would essentialy have to block you off your lane in order to establish Advese Possesion, and then keep you off for 15-20 years.
Bruce
Stick with your original plan. Folks mean well, but Adverse Possesion dosn't just happen overnight. As long as your property line is monumented at both ends, it will remain the property line. Adverse Possesion must be proved by the claimant and there are generaly 5-10 different criteria, all of which must be proved by the claimant.
SnowRidge is correct in saying that if you give your neighbor permission to use your property then it is not adverse. Livestock grazing is not usually enough to establish adverse posession. If your neighbor fenced your land and then turned his cows in there it would be a different story.
The first thing needed to establish Adverse Possesion is Intent. If your neighbor "thought" your fence was the line then he would simply be mistaken, he wouldn't have the intent to steal your land. It also has to be open and notorious; casual encroachment would not establish Adverse Possesion. He would essentialy have to block you off your lane in order to establish Advese Possesion, and then keep you off for 15-20 years.
Bruce