Loan of property's affect on owner's title
My husband and I own ten acres of property. The neighbor adjacent to us also lives on ten acres. At his request and our agreement we have allowed him to use approximately 3 acres of our property for his livestock and in exchange he agreed to mow the three acres. He has fenced in the three acres. Recently, he requested permission to place lime in the soil on the three acres because it is nutrient deficient (according to a soil test he paid for). We have agreed to let him lime the property but my husband and I are getting a little nervous with regard to whether our consent could be construed as abandonment of the property and thus make our property subject to permanent occupation by our neighbor. Have we jeopardized our rights with regard to ownership of the property?
1 Answer from Attorneys
Re: Loan of property's affect on owner's title
I recommend you reduce your agreement to writing, signed by all parties concerned, that confirms that you are merely allowing the temporary use of the land in exchange for certain services provided by the occupant, and that such permission to use the land should not be construed as any transfer of any ownership interest whatsoever. Consult with a real estate lawyer who can prepare the simple agreement. Good luck.