If my neighbor has taken a small area of my front yard for his landscaping project with our permission, can he claim adverse possession in the future?

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If my neighbor has taken a small area of my front yard for his landscaping project with our permission, can he claim adverse possession in the future?

We have given him permission but don’t want to risk him claiming adverse possession down the road. If I plant some bulbs every year in the area, would that prevent such a claim down the road?

Asked on February 25, 2018 under Real Estate Law, Oklahoma

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Adverse possession cannot be claimed if the owner of  real property has given another permission to use it. In your case, you have given your neighbor an oral "license" to use it. In such a situation, this license gives the owner's permission to another to use their property for a specific purpose. It does not transfer an interest in the property; it is personal just to the specific person to whom it is given.


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