Neighbor is cutting the gap between our yards and he is invating my property?

Question

So my neighbor little by little is cutting the gap between our yard and to do that he has to actually come in my side of the property and cut my lawn too. I live in CT can he claim that part of the property if he keeps doing that? He is a cop and a kind of a bully (because he is a cop) so I don't really want to confront him. What should I do?

** NO stupid answers please

Answer 1

you have a legitimate right to be concerned.  

if someone is cutting your lawn, putting his/her property on your property, if he/she continues to do so for a period of time, they can actually get a prescriptive easement or adverse possession of that part of your property.

the way to stop this from happening, is to thank the officer for cutting your lawn on your property.  you have now claimed your property rights.  i would bake him some cookies with a little note, saying thank you for cutting my lawn for me and make a copy of this note.  this will actually stop the adverse possession.

Answer 2

So let me get this straight: part of your lawn is being cut and you do not like it? Ask him not to it is that simple. Seems to me he is doing you a small favor.  

Answer 3

Not to worry. You can simply tell him that he has permission to cut your grass in that area, but only once a year (or whatever). That solves two problems: if he has permission, his trespass cannot mature into an easement by prescription, and if he objects to the limitation, you have discovered his incorrect evaluation of your rights and can discuss or take legal action accordingly.

To contradict an earlier post: it will NOT stop an adverse taking if you simply "thank him for mowing your lawn". In fact, it will be used against you when the court asks why you didn't stop him before he acquired a permanent property right through his repugnant actions. You either have to give him definitive permission to continue to use your property (under your conditions) or you have to take physical action to exclude his presence (e.g., placing of plants, fence, line of boulders), or file an action to make him stop. Otherwise, as in adverse possession of title, you have merely documented your acquiescence to his hostile act, but done nothing to prevent it from continuing.

Answer 4

if you want to spend the money... have it surveyed and put up a fence..

otherwise, i would just tell him thanks for mowing my grass...

he can't build anything close to the property line without a survey, and the local building commision won't let him build on your property..

edit.. if you are not cutting that , he may not know that you want it that way....you're going to have to talk to him at some point...

Answer 5

I know you don't want to but you are gonna have to confront him. Tell him you prefer that that part of your property not be cut. If he does it again...call the cops.

Answer 6

Oh my god, how horrible for you. You are apparently stuck with what is known around here as a "good neighbor". I truly feel your pain.

If it upsets you why don't you just explain that you'd prefer to have your lawn guy do all your grass from now on.

Answer 7

It sounds like he is slowly trying to take control of your property. Do you know where your boundary lines are?  Plant something right on your line.  Put in a garden, a bird bath, anything.  If he puts something permanent on it like a driveway or a shed, there is a possibility of imminent domain.  I had a neighbor like that and I paid to have a survey done and put a privacy fence up. I had to deal with a lawyer, not a cop, for a neighbor.  Once you get through putting up a fence, you won't have to deal with him.

Answer 8

Cutting the lawn does not give him ownership under the law, and it does not create any kind of easement.  However, if you are not cutting it, he is probably cutting a weed buffer, and he will continue to do so until you put up a barrier, in other words, a fence.

Unless, of course, you cut the lawn up to the property line yourself.  If you are in a city or town, it is probably the law that you cut it anyway.

Answer 9

It will take more than 10 years for him to claim it as his own if anything.

Why does he come onto your property exactly?

Also, have you talked to him and actually told him he can do it. If so he may have what is called an easement, but since you gave permission, he has no real right.

It might be a easement by necessity if he has no choice but to do it that way.

I doubt he's a bully because he's a cop, he's probably just a bully.

Answer 10

What exactly do you mean by a 'gap' between your properties? Usually there is just a line marking the boundaries of two properties?

If he is cutting the part of your yard that you don't want cut then ask him nicely to stop. Or get it surveyed and have them put up lots of stakes, that may give him a hint that he's trespassing. I think that he probably is able to walk on your grass to cut his, but he shouldn't be cutting yours. I'm not sure how clear it would be to him that he's cutting the edge of your property, not his, or how clear it would be to him that you don't want him to cut it so personally I think you should let him know. If he doesn't stop then maybe a survey would be a good idea, as a last resort I guess a fence or other physical marker like line of rocks along the edge, etc.

He would not be able to claim the land just because he cut some grass there. That type of law is for stuff like if you let him build a fence a foot onto your property, then eventually he will get the rights to that foot of land you let him take.

Answer 11

     If you are worried about a claim of adverse posession, dont be.  The claimant must occupy the piece of land in question continuosly for a set period of time, in an open and conspicuos manner which is hostile to the interest of the true owner.  In addition, the claimant must in most cases pay taxes on the piece of land.

     As for a trespass to land claim, there must be some damage to the property, however minimal, for such a claim to stand.  Or in the alternative, there must be some tangible benefit conferred to the tortfeasor, such as cutting across someones land in order to save time and/or fuel on a delivery route.  I dont see either of those issues being a problem here.

Answer 12

Why aren't you doing your fair share!

I always cut my neighbors, cos I have the time, no threat