What to do if a neighbor is farming a part of your property?

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What to do if a neighbor is farming a part of your property?

Purchased acreage 6 years ago. Survey was done. While looking on-line at GIS, I discovered neighbors are farming on a portion of our property that I didn’t know was ours. If he disputes this, how likely is it that we will get it back? Not much property, but would make a nice pasture for our horses.

Asked on February 10, 2011 under Real Estate Law, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Send him a letter by certified mail return receipt requested advising him that he is to cease and desist from farming the land and then put up a fence that marks your property.  That is the easiest and the easiest way to let your neighbor know that the property is yours and that you do not consent to his using it for any reason.  He may try and claim it under adverse possession but it depends on the statute in your state and additional facts on the matter.  You would then counter sue with an action to quiet title which you could do now as well.  If he tries to take down the fence then seek help from a lawyer in your area. 


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