You might think that as long as you own your property and have no plans to sell it anytime soon, there’s no need to worry about your neighbor cutting the grass on the vacant lot alongside your house. You’d be wrong. In most states, your neighbor can claim a right-of-way (or right of access) to a neighboring property by mowing it and then maintaining it regularly. Let’s find that question can a neighbor claim my land by mowing it? Continue to read.
WHAT IS A RIGHT OF WAY?
A right of way is an easement that gives someone a legal right to access the land of another. An easement is a property right that allows one party to use another party’s land for a specific purpose. Landowners who grant a right of way to their neighbors do so for two reasons: The law requires them to do so or as a favor in exchange for something else.
When Can A Neighbor Claim My Land?
This will depend on your state’s law. Some general guidelines will help you understand when this is possible. Suppose your property is unoccupied, undeveloped, or you’ve recently moved away. In that case, a neighbor may be able to claim your land by mowing it and then maintaining it regularly.
In an urban setting, it’s easy for neighbors to mow their way onto your property since there are no fences or other barriers. Also,in a rural setting may be more challenging for a neighbor to access your property, but it can still happen.
CAN A NEIGHBOR CLAIM MY LAND BY MOWING IT HOW CAN A NEIGHBOR CLAIM MY LAND?
The law allows a neighbor to use your land to gain a right of way. In most states, you can do this by simply cutting the grass on your property and then maintaining it.
This is also known as ‘adverse possession.’ A neighbor who has mowed the yard for long enough can use the land as their own. By regularly mowing the yard, the neighbor will eventually be able to claim a right of way to the land by adverse possession.
Is There Any Way To Stop This From Happening?
While the law allows a neighbor to mow the grass and claim a right of way, it doesn’t require you to let them do so. You can erect a fence, plant a hedge, or even grow tall weeds to prevent a neighbor from accessing your property.
By taking simple steps to mark your property lines and stopping a neighbor from mowing your land, you can stop them from gaining a right of way. If your state doesn’t require you to allow your neighbors to use your property, you can stop them from doing so.