Can your neighbor claim part of property,by simply cutting the lawn?
My neighbor is trying to claim 20 feet of my property,because he cut the grass.I live in R.I. USA
There are some types of squatters rights still in effect in this country, but that is only if they live on the property. No he can't do that
No way. I'd let him continue to cut it, though.
Make a deal. He gives up the property claim and you drop the claim of trespassing. He's got nothing.
Well where I am no if it's yours on paper surveyed and such it's your property, if he wants to cut the lawn that is his problem it doesn't mean he can decide to own it. Put up a fence and plant some shrubs preferably with thorns that will keep him from your lawn and property.
Yes he can claim it. In some states(at least one) it takes just 7 years of maintaining a piece of land. This does not mean he would get your whole property, just the part he has be maintaining. Also, if somebody puts up a fence that is over the property line and the owner does nothing for the correct amount of time then the guy that put up the fence would have legal claim to it.
Depends, in some states if you use someone elses property for a certain period of time you hve established a Right of Way over, but not actually own it!
that guy is a dummy they have property lines for a reason
Property lines are property lines and if he decides to do you a favor and mow your lawn for you - let him do it.
If it really annoys you - put a fence up.
No.but get your lot surveyed just to make sure where the property line is. If he wants to mow your grass, let him.
Indeed he can... if some one maintains your property without your permission and you take no legal action to stop it or maintain the property yourself it is possible that they can claim the property as theirs and have that claim upheld in court... usually it has to be a period of many years (15 or more depending on the state you live in) that you neighbor takes care of the property and you don't...
NO.
Your property has a survey. It was require when you financed your loan. If need be, get a copy and provide it to him as a friendly courtesy. It he ignores it and you want him off your property (other than cutting the grass), get a lawyer. You confronting him person to person will do no good.
The Supreme Court of Rhode Island has recognized the doctrine of a prescriptive easement in favor of the public in Reitsma v. Pascoag Reservoir & Dam LLC, 774 A.2d 826 (2001).
Therefore, he may very well have a claim under prescriptive easement. There is also another issue. Adverse Possession.
In Rhode Island, the duration of such possession is ten (10) years. Rhode Island Code 34-7-1, 8.
Adverse possession is the taking of title to real estate by possessing it for a certain period of time. Title means ownership of real estate. The person claiming title to real estate by adverse possession must have actual possession of it that is open, notorious, exclusive and adverse to the claims of other persons to the title. By its very nature, a claim of adverse possession is hostile to the claims of other persons. It cannot be hidden but must be open and notorious in order to put other persons on notice as to one’s claim for possession of the real estate.
A claim to title by adverse possession often must be made under color of title. Color of title means a claim to title by way of a fact which, although on its face appears to support a person’s claim to title, is in some way defective and falls short of actually establishing title to the real estate. An example of a claim made under color of title would be a deed whose execution was defective or is in question. Another example is a claim arising from another person’s Last Will and Testament. Yet another common example is where two or more persons have received separate deeds to the same parcel of real estate.
You give no facts on which to base a legal opinion since we don't know for how long he has cut the grass or how long you have lived there.
EDITED TO ADD:
HERE IS the specific statute.
§ 34-7-1 Conclusive title by peaceful possession under claim of title. – Where any person or persons, or others from whom he, she, or they derive their title, either by themselves, tenants or lessees, shall have been for the space of ten (10) years in the uninterrupted, quiet, peaceful and actual seisin and possession of any lands, tenements or hereditaments for and during that time, claiming the same as his, her or their proper, sole and rightful estate in fee simple, the actual seisin and possession shall be allowed to give and make a good and rightful title to the person or persons, their heirs and assigns forever; and any plaintiff suing for the recovery of any such lands may rely upon the possession as conclusive title thereto, and this chapter being pleaded in bar to any action that shall be brought for the lands, tenements or hereditaments, and the actual seisin and possession being duly proved, shall be allowed to be good, valid and effectual in law for barring the action.
There are solutions to your problem that will not have to necessarily involve the court.
§ 34-7-6 Notice of intent to dispute interrupting adverse possession. – Whenever the legal owner of any lands anticipates that any other person or persons may obtain the title to those lands, or any way, easement or privilege therein, by possession under the provisions of this chapter, he or she may give notice in writing to the person claiming or using the lands, way, easement, or privilege, of his or her intention to dispute any right arising from that claim or use; and the notice, served and recorded as hereinafter provided, shall be deemed an interruption of the use and prevent the acquiring of any right thereto by the continuance of the use for any length of time thereafter.
The notice, signed by the owner of the lands, his guardian or agent, may be served by any disinterested person, making return under oath, on the party so claiming or using the property, his or her agent or guardian, if within this state, otherwise, on the tenant or occupant, if there be any; and the notice, with the return thereon, shall be recorded within three (3) months thereafter in the records of land evidence in the town in which the land is situated, and a copy of the record, certified by the recording officer to be a true copy of the record of the notice, and the return thereon, shall be evidence of the notice and of the service of the same.
§ 34-7-7 Action by claimant in possession after notice of intent to dispute. – Whenever notice is given to prevent the acquisition of lands or way, privilege or other easement, the notice shall be considered so far a disturbance of the right or claim as to enable the party claiming to bring an action for disturbing the same, in order to try the right; and if the plaintiff in the suit prevails, he or she shall recover full costs.
Answers:
Um, he can cut as much as he wants. Property lines are registered with the city or county and cutting your grass doesn't make it any less YOUR GRASS.



