Syracuse, NY asked in Contracts, Elder Law and Land Use & Zoning for New York

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

1 Lawyer Answer
Jack Mevorach
Jack Mevorach
  • Cedarhurst, NY
  • Licensed in New York

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.


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.