Legal Question in Real Estate Law in Massachusetts

Re: Adverse Posession

You probably don't have an adverse possession case unless you can prove that you openly and notoriously lept the property for your exclusive use without the consent of your mother.

You have a better claim for your brother's breach of fiduciary duty by transfering the property into his own name.

Since your mother suffers from Alzheimer's one would question whether she had the state of mind to make a gift to your brother.

I would contact an attorney to discuss the matter.

Re: Adverse Posession

Adverse Possession basically requires you to take and hold the property without permission for 20 years. You would need to prove that you were open and notoriously exercising ownership for that period of time.

A better cause of action would be to go after your brother for "breach of fiduciary duty." By using the position of trust to benefit himself, he may have violated his fiduciary duty to your mother whose assets he is charged with preserving and protecting.

: Adverse Posession of the Mind.

I agree with Ray.

You may even have another option.

If the Power of Attorney was obtained when your mother was not competent, then you can seek to annul it.

Ray is right to the extent that it is highly suspect when a POA transfers an property interest to himself.

Should you have questions or need assistance, contact me.