adverse possession lawsuit

[heeger72]

What is the name of your state (only U.S. law)? Kentucky Our neighbor has filed a lawsuit against us trying to claim adverse possession. We had a survey done to put up our fence and found that a section about 16' x 129' is actually ours, not theirs. Their garage sits on some of it. We put our fence up to the surveyed boundary line about 3 years ago when this all started. It has been almost a year since the lawsuit was filed and we have not gone to court. Recently, they have started to mow into our yard, but only a little section beside the concrete drive/pad in front of the garage from the street to the door. The area they are mowing is about 6' x 6'. I have contacted our attorney about it and he said not to worry about it. My question is this: Why after almost 3 years would they suddenly start mowing onto our property? I know adverse possession requires maintenance of the property. Is there possibly some legal reason why they are now doing this or is it simply to harass us, which is working quite well because the 3 times they have done it I want to go out there and tell them to get off of our property.

 

[seniorjudge]

What did your lawyer say about all your questions?

 

[heeger72]

He has told us that the law is on our side in this case. I think the property tax is what is saving us from having our property stolen by our neighbor. As far as the recent mowing, he just told me not to worry about it, he didn't give any details, didn't really answer my question. It is just so aggravating to watch them mow into our yard. I have stood where they could see me watching them do it. Apparently after filing suit, the neighbor stopped pursuing it and our lawyer had to file a request to get our interrogatories answered by the neighbor. Since then ( 6 months ago), we haven't heard anything. I know our lawyer is good at what he does, there just hasn't been much communication thru this. It is hard to live with it hanging over our heads, never dreamed it would drag on this long. Thank you for replying!

 

[seniorjudge]

Have your lawyer write their lawyer a "cease and deist trespassing" letter.

 

[mmmagique]

Sheesh, we live in KY as well, and our neighbor took my SO aside the other day and asked us to quit mowing the tiny bit of their property that we do.

We only do it to be friendly, and found the request odd.

~Christina

 

[heeger72]

My problem with our neighbor mowing our yard is that they are trying to steal it from us in a lawsuit. It has nothing to do with being friendly. They weren't friendly before the lawsuit (they don't reside in their house) and certainly aren't now. If it wasn't for that, my son wishes they would mow the whole thing so he wouldn't have to! LOL Seriously, we keep our grass mowed weekly and there is no reason for them to come into our yard, not even to turn around, as there is a concrete pad they are crossing in order to do it. I really do feel they have ulterior motives regarding the lawsuit. I want to do what SeniorJudge advised with the cease and desist trespassing. Not to mention the damage it may be doing to our grass, being mowed twice, usually in the same day.

 

[HomeGuru]

My problem with our neighbor mowing our yard is that they are trying to steal it from us in a lawsuit. It has nothing to do with being friendly. They weren't friendly before the lawsuit (they don't reside in their house) and certainly aren't now. If it wasn't for that, my son wishes they would mow the whole thing so he wouldn't have to! LOL Seriously, we keep our grass mowed weekly and there is no reason for them to come into our yard, not even to turn around, as there is a concrete pad they are crossing in order to do it. I really do feel they have ulterior motives regarding the lawsuit. I want to do what SeniorJudge advised with the cease and desist trespassing. Not to mention the damage it may be doing to our grass, being mowed twice, usually in the same day.

**A: build a wall or a fence.

 

[Boshaft]

Sheesh, we live in KY as well, and our neighbor took my SO aside the other day and asked us to quit mowing the tiny bit of their property that we do.

We only do it to be friendly, and found the request odd.

~Christina

Ya in my old house the property line ran through a flower bed, it was pretty much impossible to tell where it ended up on one side. It usually meant that we'd mow a bit of her yard, then 3-4 days later her lawn service would mow a bit of ours.

Oh, and it doesn't really hurt the grass either