Legal Question in Real Estate Law in Virginia

Re: Fencing and squatters rights

One does not adversely gain legal title to property merely by putting up a fence with the permisssion of the owner of that property. Such acquirement of title by way of adverse possession

can never be accomplished when the use is permissive and any agreement drawn up between you and your renter regarding the use which you've described should clearly reflect that

the latter is gaining use of this particular patch of land for that particular purpose and for the relevant time period only with your permission to do so and that it can be unilaterally revoked by you the owner at any time and for any reason that you choose.

Re: Fencing and squatters rights

I believe that a lease will do the trick. However, you need to keep an eye on the use that your neighbors do of your land... keep an eye on it and make sure that their use is in compliance with the terms of your lease: things and needs may change with time and you do not want to fail to address those changing needs. Also, put a reasonable time limit to your lease which will then force you to revisit the lease every so often. Needless to say that you do not want your lease to continue in the event of a sale of the property (from either owner)... this is the case that would more than anything else give the idea of adverse possession to the new owners who did not sign a lease and who may not even be aware of the existence of such lease. So, simply.... just keep an eye on it and don't forget to collect rent!