Legal Question in Real Estate Law in Massachusetts

Re: Abbuters rights

You can file suit and request an injuction against this activity; you can also file for the value of the damage done as a result of the neighbor's activity. Moreover, if this is done without proper permits and state approval to modify waterways, you can seek criminal redress through the town. I would need more details before being able to give you proper advice.

Re: Abbuters rights

Dealing with wetlands issues is often a very complicated matter requiring substantial investigation and involving potentially the intersection of federal and state law. It is futile to try to answer a question like this without undertaking the substantial research and investigation necessary to fully understand the issues. But there are two pieces of advice I will give you. 1. THIS IS NOT A DO-IT-YOURSELF PROJECT. You need to sit down with a competent real estate litigator and discuss the matter. 2. You need to act quickly if work is begun or threatened to be begun.

Re: Abbuters rights

First of all any removal or action which may effect wetlands requires special permits. Failure to obtain such premits places the person taking such action subject to both civil and criminal liability.

Second, if your neighbor changes the waterflow such that it negatively impacts your property, they are subject to a suit for the damages to your property.

You can file suit and seek an injunction and depeniing upon what action has been taken thus far seek damages. More information is needed to give you any substantive advice.

You can also contact your town and ask them to investigate the proposed action and see if it is appropriate under the Town by-laws and state regs.