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Adverse possession must be "hostile." If the neighbor grants permission, then the possession is not hostile. A good way to resolve this is for you neighbor to lease the irrigation right to you for $1 a year or something like that. The neighbor can put this lease into writing, and you can pay 100 years (or whatever) in advance. As long as the neighbor does not lose his copy of the lease, he has redress against your heirs attempting to claim the property is theirs. Use a standard lease agreement (specific to your state) if you do this - they have all the legalisms worked out in advance. See a lawyer for more info.

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Q: Your irrigation system encroaches on your neighbors property he knows this and says its ok but does not want one of your heirs or sucessors to be able to say the property is now theirs?
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