Q: Can my father's neighbor claim his land by adverse possession ?
My father has allowed his neighbor to use my fathers land for raising cows with no written agreement can the neighbor claim his land after 10 years? The neighbor has been mowing and has cows on the land for the last 5 years. My father has offered to sell the land to the his neighbor and he says he won't be able to buy it for another 5 years. My father is 80 years old and has a will stating the land will go to his daughters. I feel like my father should have a written agreement with the neighbor so the neighbor can not have adverse possession of the land. Will a written agreement prevent adverse possession and if so what should be stated in the written agreement? I need to know what would stand up in court if it ever ends up going to court someday. My father owns land and lives on the land in Ithaca NY 14850
A:
Yes, a recorded written agreement can defeat a claim for adverse possession. Whether the neighbor even has a valid claim for adverse possession is unknown.
Jack
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