My neighbor has been mowing a portion of my property next to his property for several years (more than seven). I don't believe he does this with bad intensions (adverse possession). We are friendly and I don't want to talk to him about it in fear of creating a less friendly relationship.
What can I do? Can I mow or bushhog this property periodically to prevent adverse possession?
I have changed the category of your question to real estate so that attorneys familiar with adverse possession can review your question. It is unlikely that mowing would be enough to make an adverse possession claim. If he builds a fence or part of his garage on your property that would be a different story.
It takes more than mowing a lawn to establish adverse possession. But if you are concerned, you should speak with your neighbor to learn his intentions. If you determine that a problem exists, contact an attorney immediately.
First, I am NOT an expert in Adverse Possession in KY. I located the following post on "Expert Law" site which should assist you:
In Kentucky, the duration of such possession is seven (7) years if held under patent from the state and fifteen (15) years otherwise. Kentucky Code §413.010, .050, .060.
In order for the Plaintiffs herein to acquire title by adverse possession, they would have to show entry under color of title, open and notorious possession of the property, hostile to the claims of all others and exclusive in nature for the prescribed time.
The law of the Commonwealth is clear in that, “occupancy of land is deemed to be amicable and not hostile and can therefore not ripen into title, where one through mistake or ignorance as to the true location of his boundary line enters onto the land of his neighbor up to a certain line in belief that it is the true line.” [Brunton v. Roberts, 265 Ky. 569, 97 S.W.2d 413, 416 (1936).
KRS 372.070 voids a conveyance of land being held adversely. In order to establish title through adverse possession, a claimant must show possession of disputed property under a claim of right that is hostile to the title owners interest. Further, the possession must be shown to be actual, open and notorious, exclusive, and continuous for a period of fifteen years. Phillips, 103 S.W.3d at 708
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
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