Hi! We have been living in our house for the...

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started:

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Is your neighbor taking issue to this?

Thanks! I see it now.

How much square footage are you using?

No problem!

Understood! So you're just wondering what your rights are here, correct?

Got it! I believe I have everything I need, but was there anything else you’d like to add before I answered? If not, I can begin working on your answer.

No problem! I’ll certainly address that. Anything else you'd like to add you think is relevant before I answer?

Got it! I just need a little time to do some research and draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long!

I'm so sorry to hear about your situation!

So I don’t have good news.

Generally, adverse possession of someone’s land requires the actual, open and notorious possession of the land for a specified period. The law would then require that the possessing party go to court and file a lawsuit for adverse possession of the land, attend a hearing, then be granted an order. Using the land without a court order does not create an adverse possession claim as a court order is required. A person’s personal property cannot be touched without the consent or permission of the owner. Plants are considered personal property.

In this case, there was just a mistake into where your property stopped and started. I don’t see here that you obtained a court order that gives you possession of the land. Although you’ve tended to it, because there is no court order, the law would allow them to eject you from this land. You also said they plan to cut down the plants. Because plants are personal property, they cannot do so or else they would have to reimburse you.

In this case, money talks:

1. You could offer to them to purchase this part of the land;

2. You could offer to rent this part of a land; or

3. You could offer to pay for an easement to this part of the land;

Sure thing! Yes, they would have to reimburse you. This is called a "conversion" which is just an interference with your personal property rights.

You may want to consider just writing a cease and desist letter if they continue to threaten you in this case. There’s a site that I’ve used in the past where you can find templates for various legal issues, including a cease and desist letter. You can click the link below for more info.

https://www.etsy.com/market/cease_and_desist

Lawyers use letters like these often to enforce their client’s rights. It only costs $12 and it is about 90% cheaper than hiring an attorney to do it.

Sure! So the hard part is that an AP claim wouldn't suffice in this case. Because the other party wasn't aware that the survey was off, then it wouldn't be "adverse." So in this case, I think renting or buying that portion would be easier if they are this concerned about your plants.

Sure! So what I mean is that since they didn't know that they owned that piece until the survey was done, then it wouldn't be an "adverse" possession. It's "adverse" when the other party knows, but chooses to do nothing, about someone occupying their land. Does that make sense?

I hear you! It's a very, very common thing. But I would just keep close eyes on your plants, and if he does cut them, you can sue.

You may want to consider going to small claims court if they do cut the plants.

It’s designed for people without a lawyer.

You'd have to go to your local courthouse, ask for the small claims forms, draft your complaint, file it, pay the filing fee, then give the copy of the filed document to a third party who would then deliver the copy to the other party. After that, that person who delivered the paperwork would file a document with the court stating that they served the party with the documents on X date, in Y place, at Z time. The court will then schedule a hearing on the matter, you bring whatever supporting documentation you have, make your case, then let the judge decide.

Did you have any other questions for me today?

I hear you! The problem is that you have to get a court order regarding this. It doesn't happen automatically. Plus, if the other party was not aware that you were using their piece of land, then the possession would not be "adverse." This person had no actual notice you were using their land until the survey was done. So you could try, but in my legal opinion, an AP claim would likely be defeated here.

This is just my own legal opinion, but a local lawyer may have better insight as to how cases in your jurisdiction have been ruled upon.

I don’t have any specific contacts; however, I can do the next best thing.

One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS typically only lists experienced attorneys who have adequate staffing to assist people.

Yelp.com is a surprisingly good place to find lawyers.

You can check out find.lawyer.com - Lawyer.com Free Consultation Lawyer Form - JustAnswer

You can also find a lawyer on the Legal Services Corporation website. The LSC is an independent non-profit organization authorized by Congress in 1974 to help people find legal aid services (https://www.lsc.gov/what-legal-aid/find-legal-aid).

Sometimes, the local law schools can provide free legal assistance, too.

You can also return to this site and ask questions to me as you go through this process to keep your costs down.

Did you have any other questions for me today?

I hear you1 So I put my opinion about this just up above when you posted it earlier and suggested a consultation with a local real estate lawyer in this case. It's hardly as simple as what you may find online, but I don't have a crystal ball, and I cannot tell you for sure that you'd lose. It's just not a case I would take on the grounds that the adverse possession wasn't truly adverse since the person didn't even know you were occupying the land.

Did you have any other questions for me about this?

I hear you! I don't know if I can provide any further analysis on this than I already have. piddd2

Did you have any other questions for me about this?

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Sure! What was your question for me on that?

Oh no problem - it's just a template, so you could change it however you want.

You may want to consider just writing a formal demand letter, demanding they don't touch your stuff. That's a different template you can use.
https://www.etsy.com/listing/674752957/demand-letter?ref=listings_manager_grid

Thanks so much! I think we responded at the same time.

You can tell the neighbor that it'd be a "conversion" of your property, and a court could order the fair market value be returned. There isn't a bright-line rule as to how much it's worth, but you can start thinking now about if you were to sell them how much you'd get to get a figure.

I'm so very sorry, but I do have to run unexpectedly. I will be back in just about 30 minutes. My apologies! I'll be back ASAP!

I hear you. It doesn't matter if they grow on his property. They're still yours and separate from the actual real estate.

So it's very much of a gray area. You can go on the land to remove your things, but there isn't a right currently to access the land to just tend to the plants. The reality is that a court would have to intervene if you and the neighbor can't reach an agreement.

I do have to run, but I'll be back to follow-up if you have new questions!