Legal Question in Real Estate Law in Massachusetts
Adverse Possession
I have an easement to my property witch alowes me to use of a passageway. The owner before me parked his car for over thrity years in the passage way next to his property. when i bought the house he told me that and i started parking my car there as well. i do not block anyone from walking through. there is no drive through just a passage way that is 100 feet by 10 feet i also use about 2feet of my own property in which i park. a new owner of a parcel wants to make parking lots of the parcel and has asked me to move my cars so his clients can have the right to drive through and park. do i have the right to ask that this be given to me by notorious possession? no one else uses the spots but me and mine. even the lady owning the property next mine has never said a word to me about parking. the other properties had absentee owners. do i have any legal rights? and if so can anyone help me that will not charge loads of money. i don't make much. thank you
2 Answers from Attorneys
Re: Adverse Possession
This is not a problem that you can have answer without much more information. The
title to the easement should be examined as well as a more detailed history. It is
unclear how the easement blocks the other property. A recorded easement has
protection against change of use. An easement by prescription is difficult to prove and
the characteristics are more dependant on the manner of use.
Alan Pransky
Law Office of Alan J. Pransky
20 Eastbrook Road
Re: Adverse Possession
Your use 'tacks on' to the use of the prior owner, and
together they seem to establish the elements of adverse
possession; you might even have more than an easement
right, but I can't tell for sure.
It sounds like you have a good case, but I'm a little unclear
on the geometry, the availability (or not) of alternatives, and
a few other things.
Where within Massachusetts are you? Has anyone ever registered
any of the land involved? Don't mention that to anyone else yet;
loose lips sink ships.
Would you like to fax me a drawing (rough okay) of
the properties involved with the passageway marked
by dotted lines? Make sure I can see the street.
Show also the nearby roads and mark which properties
have absentee owners and for how long they've been gone
if you know. Even if you don't have all these details,
draft up something, even ugly, by hand, and fax it to
me at (617) 527-1763 for a look-see. Also send me your
e-mail address (which I don't have!) and telephone number.
Are you able to contact the prior owner?
Will the lady you mentioned back you up, do you think? Don't
ask her yet because it needs to be done in a provable
fashion, but make a guess.
In spite of the possible cost, I think you should hire an
attorney but be careful at every stage to ask what s/he's doing
and what s/he'll be doing next and at what price. You may be
pleasantly surprised at how little a decent attorney can cost
you when you make it known you don't have much to spend.
Good luck.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
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