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Rob Gray
 
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Chet Hayes wrote:
Phisherman wrote in message . ..

I would either ignore the situation or plant a hedge. I'd prefer not
"making waves" with neighbors.



You have heard of adverse possession, haven't you? The laws vary from
state to state, but basicly, if someone does what this neighbor is
doing and it meets certain conditions, like it's open, notorious,
hostile, (sounds to me like he's met those criteria) done for a long
enough time, etc., then that person can have a legal claim to the
property. At the very least, if he wants to allow it to continue,
then he should get a legal opinion. But if it were me, I see nothing
wrong with standing up for my rights and keeping someone else off
property I own.


Adverse possesion can occur, but I have never heard of it being applied
in a sub-division with suburban sized lots. Such lots are relatively
small and easily defined. It would be impractical and almost impossible
for someone to grab 5 feet here and 10 feet there from such a lot.
Adverse possesion occurs in rural and sometimes industrially zoned areas
almost entirely. If someone is using a piece of another's land for a
long enough time with the real owner making no attept to enforce his
rights then occasionally that used portion of the land can become the
possesion of the person using it. This does not happen in suburban lots
even if some guy mows his neighbor's lawn for 50 years.....