Adverse Possession Insurance when buying

Due Diligence
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I’m in the process of buying 15 acres from some out of absentee owners. They have given verbal permission to the adjacent landowner to let his cattle, about 25 head, wander and graze on his land (the land I’ll be buying) . The cattle have been grazing there for years (my understanding)

I do not want this adjacent owner/ cattle owner to find out about the sale before I buy it because I think he may come in and offer a better price to the seller.

My plan was to close on the property, then get it touch with the cattle man, and give him the option to lease my land to continue to allow his cows to eat there, or to have him get them off the property, and I will fence it in and sell it. Truth be told, I’m planning on trying to sell it anyway, possibly to this neighbor first to give him a first chance, but if he doesn’t want it, to someone else.

Since the owner/ person I’m buying the land from is aware of the neighbor letting his cattle graze and has given him verbal permission, I don’t think adverse possesion would be an issue because my understanding is it has to be “hostile” that is, the property owner doesn’t know his land is being used, which in this case he does and has given verbal permission.

But I was thinking just for insurance, to get the owner I’m buying from to write me a letter before closing stating everything about the verbal permission and their knowledge of it. I just don’t want to face any legal battle if I decide to tell this neighbor to get his cattle off my land, once I buy it. Is my thinking correct that I shouldn’t have any issues and also regarding getting that letter before closing?

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@robere I would get the statement in the form of a notarized affidavit, that will make it much more creditable when/if you need to present it to a judge should the neighbor assert adverse possession at a laer time and yo need the neighbor to be on record with respect to their knowlledge and mutal verbal agreement with the neighbor. Then after you have closed, I’d enter into an evergreen “grazing lease” with terms allowing youto cancel the lease with 30 days advance notice, allowing them to continue graze their cattle inconsideration for them maintiing all existing gates and fences in good condition.

1 Like
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@karljames

Thanks for the response. I will do the affidavit.

Given that I do not want the neighbor to know I’m buying, as he may try to outbid me, even though I’ll have a contract, how would you go about getting him on record about the verbal agreement?