Does my neighbor have adverse possession on my land that borders his?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does my neighbor have adverse possession on my land that borders his?
With my permission, my neighbor has removed old dead trees on part of my property that borders his. He is now asking if I would like him to plant new arborvitaes to replace the old ones. If I give my consent for him to plant the new trees, would he be able to claim that part of my property at some point? I am just curious because he seems overly generous to do all of the work and spend the funds to do so. I want to make sure there is no catch before I agree.
Asked on April 22, 2019 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, because among the several requirements for "adverse possession" is that it be "adverse": against the interests of the property owner. It's basically squatting on or occupying/using land against a person's will. Using land or making improvements to land with their permission does not give rise to adverse possession because it is not adverse: it is a permitted or licensed use, and what you voluntarily allow others to do does not take away your rights. You can let him do this, but should document your permission in writing--it can be as informal as a text or email, but you should both print it out and save it for future reference, if necessary--and can be short and friendly; e.g. "Dear Neighbor, I wanted to thank you for the new arbovitaes you planted on my land, where those old trees that I let you take out had been. I think they improve the looks of both our properites."
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.