Dave, you ask "Does the neighbor have any rights if he has been using this land?"
As an attorney I can answer and the answer is, it is indeed "LEGALLY POSSIBLE" in the future if the practice continues, but very difficult and subject to a lot of factual issues and time and state and local laws regarding "Adverse Posession" AND Riparian Rights (may include laws of certain easements) which is mostly based on "Common Law" although some jurisdictions may have codified it to some extent.
At Common Law in order to bring an action based on Adverse Possession the use must be Hostile,,,,,,,,,,Open,,,,,,,,,,Continuous,,,,,,,,,,Exclusive,,,,,,,,,,,,,,Adverse,,,,,,,,,,,,,,Notorious,,,,,,,,,and for a certain prescribed time period.
NOTE it is certainly possible to preclude one from acquiring legal rights under the doctrine of Adverse Possession, I advise that you (the neighbor) consult a local trained competent attorney for advice how to do so. Don't bet the farm on anything posted here, lay or professional.
NOTE I'm NOTTTTTTTT saying the neighbor has acquired any rights as of yet whatsoever IM ONLY SAYING that under the law in many jurisdictions such IS LEGALLY POSSIBLE (and/or the related doctrine of acquired easements) for the neighbor to over time subject to local laws and facts and time and necessity and a whole lot of other factors, acquire some rights.
IMPORTANT my professional legal advice to you is DO NOT make any important decisions or take advice based on non attorneys or even attorneys here (including me) unless and until all state and local laws, both common and statutory, have been thoroughly researched by a competent trained professional and all the facts determined........
ALSO consult a competent trained professional attorney (NOT Billy Bob or Bubba or the know it all brother in law) who specializes in riparian rights as there are strict laws concerning changing the natural flow of water and drainage ITS OFTEN NOT LEGAL to make changes !!!!!!
Upload one or more videos to your post. Photo filesizes should be less than 300K and Videos, less than 2MB. Formats allowed are gif, jpg, png, ogg, mp4, mov, and avi. Be sure to use filenames without spaces or special characters, and filetypes of 3 digits lower case.
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
Today's Featured Article - Old Time Threshing - by Anthony West. A lovely harvest evening late September 1947, I was a school boy, like all school boys I loved harvest time. The golden corn ripens well and early, the stoking, stacking,.... the drawing in with the tractors and trailers and a few buck rakes thrown in, and possibly a heavy horse. It would be a great day for the collies and the terrier dogs, rats and mice would be at the bottom of the stacks so the dogs, would have a busy time hunting and killing, all the corn was gathered and ricked in what we c
... [Read Article]
Latest Ad:
1964 I-H 140 tractor with cultivators and sidedresser. Starts and runs good. Asking 2650. CALL RON AT 502-319-1952
[More Ads]
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy
TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.
