Legal Question in Real Estate Law in Massachusetts

Adverse Possesion

My neighbor recently had his property surveyed because of some problems he was having with an adjoining neighbor.He approached me and told me that unknown to him he has been mowing a 18'x 200' strip of my land for the past 11 years. I offered him a license agreement drawn up by an attorney which he agreed to sign and split the fees with me so he could still mow the property an avoid me putting up a fence on the correct property line. After months of going back and forth he has told me he won't pay the fees and won't sign the agreement which was to be registered at the registry of deeds. He now says the property is his by adverse possesion. Does he have a chance to win this in court?? there are no structures or fences up yet. When he had his land surveyed he told the engineer not to stake the property line in question so I had to hire an engineer to stake the property line.


Asked on 10/03/06, 5:08 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Adverse Possesion

Adverse possession is that the property is being used without your permission for a period of at least 20 years.

I think that you should automatically forget any negotiation and construct a barrier or some kinds of fencing on your property line, and put a no-trespass notice.

Your neighbor sounds like he aims to do you bad. Moreover, you should serve notice to your neighbor by a letter demanding that he not trespass on your land, and that any agreement is null and void. This could be served by certified mail, or by a constable.

You should really consult an attorney who can get the details of the events and the time line. From what you say, it is my sense that he does not have grounds for a claim of adverse possession. But there are other factors that need attention.

If you have any questions, or need legal assistance, you can contact me at 978.749.3606.

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Answered on 10/03/06, 5:52 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Adverse Possesion

You should be directing this question to the attorney who drew up the license agreement which your neighbor has refused to sign probably because the atoorney to whom he presumably took it for review rightfully advised him that by signing it he would effectively cut off any claims he might have to adverse possession by reason of 20 continuous years of use by him or prior title owners adverse to your ownership intersts and that of your predecessors in title. Consult an attorney NOW. Good Luck!

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Answered on 10/04/06, 2:24 pm


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