If an obnoxious neighbor continues to mow an area of our land, can he now claim that it’s his because he has mowed for several years?

The land in question is directly across the street from them.

Asked on May 15, 2016 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, mowing someone's land does not give you any rights to that land. To try to claim land by "adverse possession" requires that the person attempting to do so exercise exclusive possession over the land, in a way that is hostile to and precludes your possesion of it, for the full time period (20 years), and it also has to be continuous use. Simply mowing is not sufficiently hostile to your use of or control over the land, and is also not sufficinetly continuous, as to let him claim the land by adverse possession. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.