Prince George, VA asked in Real Estate Law for Virginia

Q: My neighbor has a fence separating our lawns. He comes over to our side of his fence and mows 10 feet into our lawn.

Can he claim adverse possesion on my property? He says he mows it so grass doesnt get on his fence. But i dont trust him i was renting the house for 4 years and i just bought the house from my land lord in February 2019

Related Topics:
1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: Adverse possession can be remembered reasonably accurately with the acronym POACH. To achieve adverse possession, the bar against landowners pleading to protect their property, the adverse possessor must POSSESS OPENLY ADVERSELY CONTINUOUSLY and HOSTILELY for the requisite number of years. I see nothing hostile about his offer to mow your lawn unless he is aggressive or demanding about it. Indeed, if you simply thank him for his neighborliness, it won't be adverse, though I do wonder about the provability of that 21 years from now, provided he keeps mowing your lawn for that long. It isn't even clear how mowing a lawn can be possessing it. Perhaps if he was hunting on it. I did once win a case based on the evidence that my client's great great grandfather hunted eagles on the property. In short, you have no real worry, but if you are still worried, you can:

• notify him not to trespass, but this is not only unneighborly and unnecessary, but it will now make his continued mowing hostile and adverse, and you will need to enforce your demand;

• write him a letter inviting him and thanking him for mowing your lawn, though you need to make sure that the owner of the property 20 years in the future knows ion this letter, and it seems unduly expensive to record it in the land records;

• build a flower garden, gravel, flagstone or other border on your land so your grass doesn't get on his fence.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.