Someone is attempting to take over part of my property!!!?

Heller

This isn't intended to be legal advice in any way- consult an attorney. You may however want to put up some "private property" or "no tresspassing" signs. You can take a picture of the property without the sign and then one with someone holding today's newspaper to give an idication of when the photo was taken.

In order for someone to "take" your property using adverse possession, they must fulfill all the components of adverse possession. While maintaining the property can be evidence of open and notorious possession and acting like the rightful owner, putting up a private property- no tresspasser signs and otherwise interrupting the "continuous" prong for adverse possession should protect you from losing the land under an adverse possession claim. Your best bet however, is to contact a lawyer and have the mother file a complaint.

Greg P

If your grandmother can't consent to you living there, then technically you are trust passing and have no legal recourse at all.

Who has power of attorney for her grandmother? That would be the person to talk to about owning the home. If no one has power of attorney you'd probably have to talk to a lawyer about going to court to get power of attorney appointed.

Who is the other person? Did her grandma consent to him living there? Does he have a lease?

Sweetharttt

It would seem that since your grandmother is not even able to give you permission to live in the house that you have no rights in telling your neighbor to stay off the property. Who has the power of attorney for you grandmother? Would seem like the only thing that can be done is for you to get an attorney involved if you want the neighbor off the property. I don't see where you have any rights, just now.

jackson

It would take years for him to get it.

Not much you can do yourself alone.You said her Mom has POA. My thinking is she should put you on a lease. That give all a paper trail.

Her Mom could sent a certified letter saying that they are officially notified that they are not to go on the property. Then when they do you would be able to call the police. Further backup against adverse possession.

Could you yourself go cut the grass or do anything to muck around in some way on that patch? Maybe plant some flowers smack dab in the middle of it. If they are damaged call the cops. They will tell the people that they really don't want to come out again.

But anyway I don't like it myself but sometimes you have to step up and be the old man who says get the flip off my lawn. Again there is nothing they can do to you..... if they do excellant.

Seems like you guys need to work out the whole property thing.

Filet O' Fish

The biggest issue I see here is one of adverse possession. If a person uses land that belongs to another without permission of the owner in an open, notorious, and exclusive manner for a specified period of time (differs by state, but always a matter of years), that person can claim title to that property.

The maintenance of the yard and the use of it for 4 wheeling could be used by the neighbor to argue adverse possession. Whoever has the authority to do so should kick this guy off the property so as to eliminate the adverse possession concerns.

Snow

Look....you have to get up a property line up.....that means even if you have to use....stacks and strings to run around the property........

There is a squatter's right law~~ That says within 7 years a person can claim this land as theirs......just by mowing the grass ~~
He can go to court without you even knowing it and claim this land as his~~ and the court will give it to him.....
I would move really quick.....
Look......Buy some stake's or make them yourself....put them in the ground......Buy a roll of wire~~....the cheapest you can if you can't afford .......This will count as a fence.......Anything to show it's your girl grandmothers land.......If you don't He can simply go to the court house fill a piece of paper that says he's been taking care of it .......and they will give it to Him......Put up No trespass signs up on the property line facing him.....sign it date it....inform the police to make a report that Him and his family are trespassing on your girl's grandmothers land........This will stand up in court as proof~~you'll need all the help you can get.......

Don't wait... any longer to take care of this....It's too important ""
If you don't .......He'll get this land~
Also, Make sure the property taxes are paid on this land.......He'll be able to claim it that way too~~
Make sure the taxes are up to date.~~
He could have been mowing the grass on this for years already.....up to ....it being close for him to take this land by Squatter's Rights Law~~You can stop it now....But you have to get moving on it

Baby #1 on 12/10/08

Call the police and report them for trespassing or do something to keep them off the property.

Adverse possession takes years for one to be able to claim the land as their own, however openly maintaining and using the land are two key components to gaining ownership that way.

Added~

Adverse possession doesn't require permission (I mean just simply telling them they're not allowed), it does require that the non-owner not hide the fact that their using and maintaining the property. Since you say he's been trying to get that land for sometime, it's best to make sure he and his kids stay off it.

Nelson Vanguard

Legally you have no reason to have a concern about this. He is just mowing the lawn for free! You could call the police on him for trespassing if you wanted to. I think a better route would be to speak with him about it. Not in a confrontational way but speak with him. Next I would place a no trespassing sign on a pole I foot from the property line. Then I would pursue legal action if you are not happy with the results!

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