Expert: Toni Yates - 9/9/2008

Question
We have a neighbor that cuts the grass on a piece of our property we usually leave as field grass.  It touches his mowed yard and I guess wants it to be cut all the way to our trees.
If we continue to allow him to cut the grass, will he have any right to claim the additional 2 acres +- as part of "his" property?
TIA

Answer
Hi Stephanie-
Thanks for your question. It might better be answered by an attorney but I'll tell you what I learned in Real Estate Law. I think what you're referring to is Adverse Possession- acquisition of title by means of wrongful occupancy for a period of time established by statute. According to my resources, its based on the statute of limitations . As a general rule, a person in possession of realty has good title against everyone but the true owner. The true owner has a right to bring legal action if the occupant wrongfully withholds access to the property. The time limit for the owner to sue (depends on state)is generally 12, 15, 20 or 21 years. If the owner DOES NOT sue within the statutory term, the adverse possessor, upon meeting certain terms, acquires title to the land. Then he has to establish clear title via litigation. There's a lot of other criteria, too. Bottom line- I think you're OK but if you are concerned you could check "the fine print" in your jurisdiction. Hope this helps- I'd let him keep mowing. :0)