How do I negate any future claim of adverse possession?
Adverse possession must be “adverse”–that is, it is AGAINST the interests or rights of a property owner, not with his or her permission. If permission is given to use land, then there is no adverse possession and no transfer of rights. So to prevent adverse possession, a written notice or agreement that you are allowing the neighbor to make certain use of your land would prevent him or her from claiming adverse possession later. However, you ought to consult with a real estate attorney about the best way to draft such a document and also how best to record or file it, to protect not just you from this neighbor, but you and any later purschasers or assigns of your land from any successors to this neighbor’s interst. It’s fairly easy to protect one on one, with a simple agreement; but to ensure there are no problems with later owners of land, who may not be privy to the agreement, the proper steps or formalities must be taken.
