• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Adverse possesion possible in this case?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Wartrace

Member
What is the name of your state?
Tennessee;

I own three small parcels of land that abutt eachother, 4 acres each. My house is on one parcel and the rest is open pasture land. Each parcel has a seperate deed.
When I moved here 2 years ago the neighbor across the road approached me about cutting the hay. As I don't have a need for hay or the equipment to cut it I agreed. (I didn't want it to become overgrown)
Is it possible he can claim the property after a few years of this arrangement? What if I combined it into one parcel? I do use the property from time to time for picking blackberries and skeet shooting. I have also trimmed back some of the trees that have grown into the feild.
I am not worried about the neighbors charactor, I just want to be sure nothing happens.
 


fauve4

Member
Contract

I would have a conversation with your neighbor and tell him you would feel more comfortable with this 'agreement' that you have if it was put in writting. If he objects, tell him you no-longer want him to cut the hay... then post the land. The agreement can be something simple in writting that states you agree to allow him to cut the hay, and in exchange he gets to keep the hay 'as payment for his services'. I would also highly recommend you put in this contract that you are not liable for anything as a result - what would happen if he got injured while mowing the hay? Right now with out an exemption of liabilty clause signed - he could sue you! Call a lawyer... to discuss the situation -- initial consulations are usually free... but this is my take on the situation... I don't mean to be paranoid... but you really can't even trust your neighbors these days!

Good luck.
 

4WhatItsWorth

Junior Member
Wartrace said:
What is the name of your state?
Tennessee;

I own three small parcels of land that abutt eachother, 4 acres each. My house is on one parcel and the rest is open pasture land. Each parcel has a seperate deed.
When I moved here 2 years ago the neighbor across the road approached me about cutting the hay. As I don't have a need for hay or the equipment to cut it I agreed. (I didn't want it to become overgrown)
Is it possible he can claim the property after a few years of this arrangement? What if I combined it into one parcel? I do use the property from time to time for picking blackberries and skeet shooting. I have also trimmed back some of the trees that have grown into the feild.
I am not worried about the neighbors charactor, I just want to be sure nothing happens.
fauve4 is SO right! Cannot trust anyone nowdays, especially neighbors! I highly suggest you and your neighbor put something in writing about your giving him permission to use the land - and then maybe even record that transaction on your deed. (His idea about injury liability was excellent also!) You have a nice neighbor now but who knows what kind of people will buy his property in the future. Putting it all in writing protects everyone from now on against someone trying to steal land from your property.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top