If bushes are on neighbor’s property before they purchased their home but you maintained them for 44 years and they didn’t, who’s ownership is it?

Bushes were bought, planted, maintained agreeable to both original owners. Present owner moved in after 14 years when bushes were approximately 14 years old. Present original owner who purchased bushes has been maintaining them for over 44 years. Neighbor now states they are hers.

Asked on July 17, 2012 under Real Estate Law, Connecticut


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the bushes are on your neighbor's property such are owned by the neighbor under the laws of all states in this country.

However, if you maintained them for more than five (5) years in an open, notorious manner under claim of right, then an argument could be made that under the law that you have a prescriptive easement as to the land where the bushes are located to use and enjoy the bushes.

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