Legal Question in Civil Rights Law in Massachusetts

Re: Neighbors

1. You might call the town/city and see if they can order him to trim the tree if it presents a dangerous condition or for some other reason. You could also have an attorney assess whether the tree as it is now poses a nuisance or some obviously dangerous condition (other than that usually presented by neighbor's trees), which could provide grounds for demand letter, demanding corrective action and threatening a lawsuit if not. This would definately be a case you would want to settle, however, not pursue in litigation.

2. You're referencing adverse possession, an ancient legal doctrine, still applicable, that awards certain property to those using it under very specific circumstances for a continuous period, without any objection by the rightful owner during the enitre period. It is impossible to tell whether you might qualify for relief under this, but it appears you do not, b/c the neighbor claims to have done a survey which (he claims) supports his theory the land is HIS, and his actions show he does not consent to ur use of it. But the 20 years prior to recent events must be closely assessed by counsel to determine if you might have AP rights.

An attorney can run title to see what the official property records show, then, if still unclear, could bring an action to quiet title or related proceeding to resolve the dispute. Perhaps after legal claims are preserved and advanced, you might consider agreeing to jointly fund (with the neighbor) a neutral survey by an objective surveyor you both agree to, assuming you both are willing (and legally commit in an enforceable document) you will both live with the surveyor's results, whatever they might be.