Adverse Possession Question (lawyer, build, houses, check)

[rational1]

Probably what luv4horses wrote is a good way to preserve your rights. Find out for sure in your state. Get it in writing for sure if you do it.

> It sounds like he wants to create an easement across your property, which can become perpetual.

I could be wrong but I believe only the owner can grant an easement. I do not believe that a non-owner can "create" an easement.

(There may be an exception when the only access to a piece of property is through another property. But that does not appear to be the case here).

[luv4horses]

Thanks rational1. I had lengthy experience with attempts to obtain easements through my land. And you are right, only a public entity like a department of highways can "create" an easement, and even then they need to pay you for that right and you need to sign off on it.

Individuals can sue for an easement, which involves attorneys and courts or arbitration. But I suspect there have never been awards for simply providing convenience to the suing neighbor. And money is almost always involved.

The property owner who grants an easement has complete control over the conditions of the easement.

[Nik4me]

Originally Posted by Sillyrabbit2

We do have a public access road in front of the land. He wants farm animals to go from across my land. I don't want to get swindled out of my property by being nice.

Ask him to prepare a proposal to you from his lawyer in writing "to show to your lawyer": how many feet of land is he talking about, what type of fence and anchoring of the posts, is he going to use herbicides to keep the woodland from the fence, what remuneration-cash, eggs, milk, meat? How many and type of animals? Will you be able to see, hear, smell them?

Don't accept it.
Keep the writing as an evidence of his intentions.

Tell him, that you sorry, but your lawyer advised against that.
Why have a headache?
( Put hunting cameras on that property line to view remotely his/his animals shenanigans. Animals would compact soil, destroy/damage trees, may have ticks, flees, other diseases- depending how knowledgeable the owner in caring for them).
Who is your other neighbor in the back of your property? You may need to alert them as well.
The owner wants a convenience of his animals reaching the other land and coming back home by themselves.

He has a full use of his land by going around upfront.
You should enjoy your property without any headaches potential.
Sometimes it is easier to preserve a good neighborly relationship by saying no for the first time, Blame "your lawyer."
It could be more difficult to resolve the issues later if you give a permission, realize that it does not work for you and then you can have a dispute/bad relationship with your neighbor.
Neighbors do not have to be friends, but resentments or worse resulting from an unsatisfactory "dealings" is so much more troublesome.
If you are lucky, he may not want to deal with the lawyer and it would become a moot point

[jackmichigan]

Originally Posted by rational1

Probably what luv4horses wrote is a good way to preserve your rights. Find out for sure in your state. Get it in writing for sure if you do it.

> It sounds like he wants to create an easement across your property, which can become perpetual.

I could be wrong but I believe only the owner can grant an easement. I do not believe that a non-owner can "create" an easement.

(There may be an exception when the only access to a piece of property is through another property. But that does not appear to be the case here).

No, that is not correct. Just as fee title can be lost through adverse use, so can an easement be established. It's called an easement by prescription.

The OP should consult with a real estate attorney to make sure that they retain their rights to the land.

[Sillyrabbit2]

Thank you so much for this advice! I don't need any "headache" situations later down the road.

[ss20ts]

Definitely get everything in writing and have a real estate attorney involved. When we bought our house, the seller had to get 2 easements signed by the neighbors the week before closing! The easements mysteriously showed up after the owners had a survey done. If we had known about the neighbors on both sides taking over part of the most useful part of the yard, I would have NEVER made an offer on the house. They lived here for 30+ years without the easements and now we're stuck with them until the neighbors make changes to easements - either remove what they built or nature destroys it. Still annoys me and it's been 8 years.

[CCCyou]

Originally Posted by Sillyrabbit2

We do have a public access road in front of the land. He wants farm animals to go from across my land. I don't want to get swindled out of my property by being nice.

Let him lease the whole property For ag use, Annual basis, with a provision for no changes to property be made ( no new fences). His animals will keep it ‘mowed’ for you, and he’ll keep an eye on property while you are absent. Win win situation. You can choose to cancel/ not renew when you are ready to use it.

[luv4horses]

There is nothing wrong with helping your neighbor. Just do it the right way to protect your interests and ask him to pay for writing up and recording the document.

There are reasonable requests that can be imagined. Perhaps he has cattle and would like to move them from pasture to pasture once a month. Doing that on the road can’t happen. Leading each steer with a halter past moving cars might be difficult.

You can protect your rights. Don’t worry. It might only require some simple paperwork. On the otherhand if it will make your property less enjoyable just tell the neighbor you would prefer not.

[Sillyrabbit2]

He has been after our family property for years and has purchase many lots on the block. Initially he told me he wanted to create VA housing then last week he told me he wanted to put farm animals on his property. He still has old houses on his properties but no animals. He didn't reach out to me until I had the land cleared of trees since I just inherited the land from my mom and aunt. If he already had the animals on his land, I would check into leasing out a part of my land. He appears to be just talk.

[luv4horses]

Sounds like he’s a manipulator.