Legal Question in Real Estate Law in Maine

Recently a vacant lot beside our home was sold to a neighbor's son. The property line is 3 feet approx. from the trees I planted, but the neighbor that sold the lot to the neighbors' son moved a stake (that he installed) every time he mowed the grass closer and closer to the trees I planted. Now he thinks the property line is at the trees. When the lot was bought didn't they need to have the parcel surveyed? Is there a way I can find out?


Asked on 5/03/10, 6:45 am

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

The lot as purchased did not need a boundary survey. If a Bank was involved they may have needed a sketch plan to show that the property did not encroach on neighbor's driveway, fence, etc but that would nto take into account trees. The moving of stakes by the neighbor does not by iteself change the boundary, but the legal doctrine of adverse posession does allow for hostile takeover of adjoining land if use and improvement is made of the area by others for 20 years. Hiring your own surveyor to do a boundary survey for your lot is the only way to definitively place the boundary. even if you do not you should still put the neioghbor on notice in writing that you own the land in question and warn that you are protected by statutory law that his cutting of the trees will result in civil penalties, atty fees, etc.

We handle adverse possession and boundary disputes.

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Answered on 5/10/10, 4:53 am


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