Adverse Possession through cutting the grass?

• Jul 22, 2022

• #1

Joseph v

New Member

Jurisdiction

Louisiana

I recently acquired a vacant lot through the adjudication process. The next door neighbor approached me today while I was measuring it and stated that if I sold it he was entitled to "a cut" because he had been mowing the lot for 12 years.
He didn't plant a garden, put up a fence, built a shed or anything, all he did was cut the grass.
Does he have a claim?

The property is in Ouachita Parish, Louisiana.

 

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• Jul 22, 2022

• #2

Zigner

Well-Known Member

Nah, he's got no case because he hasn't been in "possession" of the land. Simply mowing the lawn doesn't meet the requirements:

2020 Louisiana Laws :: Civil Code :: Art. 3475. Requisites
and
2020 Louisiana Laws :: Civil Code :: Art. 3476. Attributes of possession

 

• Jul 22, 2022

• #3

Joseph v

New Member

Zigner said:

Nah, he's got no case because he hasn't been in "possession" of the land. Simply mowing the lawn doesn't meet the requirements:

2020 Louisiana Laws :: Civil Code :: Art. 3475. Requisites
and
2020 Louisiana Laws :: Civil Code :: Art. 3476. Attributes of possession

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that's what I was thinking, so do I post a keep out sign or let him keep cutting?

 

• Jul 22, 2022

• #4

Zigner

Well-Known Member

Joseph v said:

that's what I was thinking, so do I post a keep out sign or let him keep cutting?

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A pissed off neighbor? I wouldn't let him set another foot on the property.

 

• Jul 22, 2022

• #5

O

OldSurveyor

Member

You could also send him a certified letter with return receipt thanking him for mowing your property, and that he can continue to do so with your permission, until you revoke it.

That makes his yet unrealized claim permissive, and you do not need to be present at any time to deal with his trespass.

 

• Jul 22, 2022

• #6

adjusterjack

Super Moderator

My crystal ball is back from the shop after having been freshly polished. I predict that the neighbor will no longer mow the grass now that he knows that there is no future money for him.

I also predict that, when the grass becomes unsightly, the neighbor will be filing complaints with the local blight enforcers and Joseph may find himself being fined if he doesn't arrange for his own mowing going forward.

 

• Jul 22, 2022

• #7

Zigner

Well-Known Member

@adjusterjack has one of the crystal balls. I have the other, much darker crystal ball. My crystal ball predicts that neighbor is going to trip and fall on your property.

 

• Jul 23, 2022

• #8

R

retic

Active Member

Good fences make good neighbors.

 

• Jul 23, 2022

• #9

adjusterjack

Super Moderator

retic said:

Good fences make good neighbors.

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Neighbor already has a fence. Looks like about 3' chain link.

 

• Jul 23, 2022

• #10

W

welkin

Moderator

Joseph v said:

I recently acquired a vacant lot through the adjudication process. The next door neighbor approached me today while I was measuring it and stated that if I sold it he was entitled to "a cut" because he had been mowing the lot for 12 years.
He didn't plant a garden, put up a fence, built a shed or anything, all he did was cut the grass.
Does he have a claim?

The property is in Ouachita Parish, Louisiana.

Click to expand...

I think your neighbor was joking with you. I personally wouldn't do anything now to see if he continues to cut the grass.