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Cutting my grass- adverse possesion

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MIKE_G

Member
What is the name of your state (only U.S. law)?PA
Had property surveyed, pins pulled out- cops say it wasn't them but folks collecting scrap metal. So they continue to mow past the no treaspassing signs and other property pins that were not pulled out. I sent them a cease and desist letter after they asked to use my property. So would cutting someone else's grass give a person 'adverse posession in Pennsylvania'?
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)?PA
Had property surveyed, pins pulled out- cops say it wasn't them but folks collecting scrap metal. So they continue to mow past the no treaspassing signs and other property pins that were not pulled out. I sent them a cease and desist letter after they asked to use my property. So would cutting someone else's grass give a person 'adverse posession in Pennsylvania'?
**A: you have not mentioned the time duration in years but I take it these events happened recently thus my response is; no since you notified them already. Make sure the letter is crrr type.
 

tranquility

Senior Member
**A: you have not mentioned the time duration in years but I take it these events happened recently thus my response is; no since you notified them already. Make sure the letter is crrr type.
Such a "notification" would HELP the elements of adverse possession. Permission to cut the grass in such a letter would prevent the element of "hostile" and would be a better choice if the only fear was to lose the land. Otherwise, the OP must act to prevent the possession by the other party. (Although, I am uncertain as to if merely cutting the grass would be enough for adverse possession.)
 

MIKE_G

Member
The neighbor asked to park on my property, I gave him oral permission until I revoked it for improving the property without my permission. Had it surveyed, sent letter,ect...No longer parks on my property but cuts the grass in other areas. Im just concerned that some day he could say it was his since he mowed it. thanks
 

Zigner

Senior Member, Non-Attorney
http://www.lgc.state.pa.us/deskbook06/Issues_Private_Property_Issues_03_Title_by_Adverse_Possession.pdf

His mowing of your lawn would not appear to fulfill the requirements of adverse possession for time-frame and exclusivity.
 

tranquility

Senior Member
Send a letter describing your boundaries and tell him you give him a license, revokable at any time you choose, to mow. You hope you get a response from him. Even if a denial it is your boundaries, you would have proof he had knowledge you gave him a license--thus eliminating the element of the possession being notorious. You might try mowing the disputed area yourself once in a while and getting a dated video of it to help prevent the "exclusive" element as well. I mean, if his only claim of possession is mowing and you are mowing too....

Also, I don't think one can get a prescriptive easement unless the other party is getting value from the possession. Doing mowing on certain areas does not seem to me to be value.
 

Zigner

Senior Member, Non-Attorney
Send a letter describing your boundaries and tell him you give him a license, revokable at any time you choose, to mow. You hope you get a response from him. Even if a denial it is your boundaries, you would have proof he had knowledge you gave him a license--thus eliminating the element of the possession being notorious. You might try mowing the disputed area yourself once in a while and getting a dated video of it to help prevent the "exclusive" element as well. I mean, if his only claim of possession is mowing and you are mowing too....

Also, I don't think one can get a prescriptive easement unless the other party is getting value from the possession. Doing mowing on certain areas does not seem to me to be value.
Why would he have to mow? Heck, have a picnic there or put up a bird feeder - ANY use of it would work.
 

tranquility

Senior Member
Why would he have to mow? Heck, have a picnic there or put up a bird feeder - ANY use of it would work.
If the claim of possession is mowing, it is clear that if another is mowing the claimant's mowing is not exclusive. When you have different levels of "possession" there can be an argument as to what a true owner would deny.

But, I agree that mowing is unlikely to be enough for possession at all.
 

FarmerJ

Senior Member
If you have the missing pin replaced ( maybe by same firm who did the work before Id suggest ( as long as there are no elect / cable / phone utils at risk of being damaged ) before they come out that you go get one or two copper grounding rods cut into pieces that can be driven into the ground w small sledge so in the future you are able to easily find them with a metal detector . ( drive them deep enough that they cannot be hit by a lawn mower or easily pulled out) When you communicate with this neighbor do it via certified mail only , staple your copy of the letter to your postal rcpt , if by chance the nbr refuses to sign for or pick the letter then it will be sent back to you , leave it sealed in original envelope. ( am curious if you have ever looked at the cost of fencing in that side of your lot ?)
 

MIKE_G

Member
Fence? Yes that was my intent for the survey. I have access to large concrete forms, 18" square by 20 feet in length. I could lay those down, build a 'wall' then pine trees planted on top. My property surrounds their property as well. I live in a township without zoning. I can build a fence of any type or even put up a billboard if I wish according to the township supervisor. This fence/wall/billboard could be as close as 12 feet of their door. I bet that would get their attention and keep them off of the property as well. Maybe make money from the billboard to pay for the labor&cost!Thanks for all of the replies here.
 

justalayman

Senior Member
Of course, prescriptive easement does not require exclusive use to create a claim for such.

Either give him permission (defeats adverse possession and prescriptive easement claims) or prohibit him from using the property at all. Understand that by giving him permission to enter your property, you have a much greater responsibility to ensure he is not injured on your property than if he was a trespasser.
 

justalayman

Senior Member
Again, since the use is not "exclusive", there can be no adverse possession.
Did I say otherwise? I don't think so.

as I said, a prescriptive easement does not require exclusive use for a claim to be possible. It is merely that the person uses the property against the intent of the owner for the prescribed period of time. That continued adverse use allows the person to seek a continued use of the same nature, regardless of whether the use was exclusive or not.
 

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