If I grant my neighbor use of my property line for bushes & berries through written permission, does this preclude his right to my land through adverse possession and how long do I have until I must do this again if in fact, it is legal?
1 Answer from Attorneys
If you want to grant your neighbor a limited right to plant bushes and berries on land that is yours, you may do so, but you should have an attorney draft a document to be signed by both parties and recorded on both titles that indicates the limitations of the right and that indicates that neither party intends this to turn into a transfer of ownership of the property on which the plants are located. You should also have a mechanism in the document that indicates how you or future owners of your land can rescind the right to allow the plants to be there.
The alternative which is less expensive for you is to tell the neighbor that you want to help him, but that you are concerned about potential loss of property issues (such as through adverse possession) and that the neighbor should not go over the line. If on the other hand the plants really appeal to you or having them on your property with the neighbor maintaining them appeals to you, then hire local counsel to prepare documents to be recorded so that you can protect yourself and future titleholders to your land from any potential legal issues.