A neighbor who mows your lawn without asking may be trying to claim adverse possession of it. This is illegal, and you can stop it. In this article, we’ll explain the laws, how to keep your neighbor from claiming your land, and how to deal with encroaching neighbors.
How a Neighbor Can Claim Your Land
They can claim your land if you’ve neglected it and they have maintained it for the minimum time your state allows by law. Yet, it’s not that simple. They need to prove you didn’t allow them to use it. This is unlikely to happen.
To claim land, how long must you use it?
It depends on your state. Statutes vary from 3 years to 30 years.
An Adverse Claim to Land
Adverse possession laws may make your neighbor think they can mow your lawn. However, they probably don’t know everything, so let’s clarify.
How Do You Legally Claim Land?
A claim for adverse possession must be filed with your local Land Registry. This is how you acquire land you don’t own. First, you must meet your state’s time requirement and prove your intention.
Current time requirements and any proof needed for adverse possession claims are listed below:
- Alabama: 10 years (proven with a deed or taxes)
- Alaska: 10 or 7 (proven with a deed)
- Arizona: 10 or 5 with deed or taxes if city a lot or 3 with deed or taxes
- Arkansas: 7 with deed or taxes
- California: 5 with taxes
- Colorado: 18 or 7 with deed or taxes
- Connecticut: 15
- Delaware: 20
- District of Columbia: 15
- Florida: 7 with deed or taxes
- Georgia: 20 or 7 with deed
- Hawaii – 20
- Idaho – 20 with taxes
- Illinois – 20 or 7 with deed or taxes
- Indiana – 10 with taxes
- Iowa – 10
- Kansas – 15
- Kentucky – 15 or 7 with deed
- Louisiana – 30 or 10 with deed
- Maine – 20
- Maryland – 20
- Massachusetts – 20
- Michigan – 15
- Minnesota – 15
- Mississippi – 10
- Missouri – 10
- Montana – 5 with taxes
- Nebraska – 10
- Nevada – 15 with taxes, or 5 with deed and taxes
- New Hampshire – 20
- New Jersey – 30
- New Mexico – 10 with deed
- New York – 10
- North Carolina – 20 or 7 with deed
- North Dakota – 20 or 10 with deed or taxes
- Ohio – 21
- Oklahoma – 15
- Oregon – 10
- Pennsylvania – 21, except for single-family homes or parcels less than .05 acres, which are allowed only 10 years.
- Rhode Island – 10
- South Carolina – 10
- South Dakota – 20 or 10 with taxes and deed
- Tennessee – 7 with deed
- Texas – 10 with a deed or 5 with a deed and taxes.
- Utah – 7 with taxes
- Vermont – 15
- Virginia – 15
- Washington – 10 or 7 with deed or taxes.
- West Virginia – 10
- Wisconsin – 20 or 10 with a deed, or 7 with a deed and taxes.
- Wyoming – 10
Many states don’t require proof, but you should still provide it if you’re claiming adverse possession
What is adverse possession of the land?
You can prove adverse possession if you can prove you had sole possession.
Here are some important factors to consider:
- It must have been used for the time mentioned previously.
- Proof of exclusive control is required.
- You must show proof of intent to possess it.
- The owner must not have consented.
Does my neighbor have the right to enter my yard without my permission?
Entering your yard is trespassing. Someone who mows your lawn in your absence may claim adverse possession. It may be because they must maintain the lawn without the owner’s permission to have an adverse possession claim. But this case will fail because:
- They trespassed.
- They’re secretly maintaining it, which invalidates the adverse possession claim.
How can I stop my neighbor from cutting my grass?
Lawn mowing may seem nice, but it might not be. Before suing, talk to them. Insist on mowing your own lawn. Obtain an order of protection if they don’t respond well.
Is it legal to keep someone from entering my property?
Yes. Put up signs stating that this is your land and that trespassers aren’t welcome. Fences can also deter neighbors from claiming property lines are ambiguous.
How to Deal with an Encroaching Neighbor
A neighbor who claims a portion of your land is encroaching. Get a survey to prove ownership.
How can you handle encroaching neighbors?
Your neighbor may be encroaching and trespassing. Tell them not to mow your lawn anymore.
If they won’t listen, charge them with trespass and encroachment. Involve local government if needed.
What are the legal ramifications of encroachment?
All states have encroachment laws. The legal ramifications vary depending on the state – contact a lawyer.
How to Stop an Adverse Possession Claim
Let’s talk about how to prevent adverse possession while maintaining neighborly relations.
How Do I Stop Adverse Possession If My Neighbor Attempts to Take it?
You may need legal help if your neighbor claims adverse possession. They tried to trespass, so you can hire one and sue them.
Can You Beat Adverse Possession?
Yes. Demonstrate they weren’t the only ones caring for your lawn. Adverse possession will be hard to claim if they only mowed it. Provide evidence showing you also maintained your lawn, such as lawn and garden product receipts.
That’s how to stop your neighbor from claiming your land. The best way to deal with these problems is to prevent them. That may mean putting up a fence or barrier as soon as you move in if there isn’t already one. Thanks for reading our article on “Can a neighbor claim my land by mowing it”.