Legal Question in Real Estate Law in Massachusetts

Boundary Dispute Resolution/Settlement

We are trying to settle a boundary dispute with our neighbors. The dispute involves a stone retainer wall (not built by us) which we share and they claim is not on the correct property line. They have since decided to build a pool and a new retainer wall at their expense that will straddle the property line. They asked us for permission to use a portion of our land in order to do this work and asked that we pay minimal expenses for removing sprinklers and replacing grass on our land but that they would be responsible for restoring our property to its original condition (level, proper fill) upon completion of the project. I'm told that until case is resolved both of us have liens on our homes. I'm reluctant to sign off on their ''letter of intent'' because I feel it is too vague. I want assurance that if the work is not done correctly that we will have recourse to have it corrected and I want to make sure that once we agree to sign that the lien on my home will be lifted. What can we do to protect ourselves from any unforseen problems and make sure the lien is removed once this is agreed upon? I'm told this will ''dissolve'' the case but want them to be signatories to this agreement as well. Please advise. Thank you.


Asked on 6/30/09, 10:00 am

2 Answers from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Re: Boundary Dispute Resolution/Settlement

In my opinion, it is unwise to make an agreement of this sort without an attorney to protect you. From your description, it is not clear if a surveyor was hired to determine the lot line. I recommend that both a surveyor and attorney be retained for this matter.

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Answered on 6/30/09, 10:08 am

Re: Boundary Dispute Resolution/Settlement

I am sure the intent is to be fair, but you should retain an attorney to review the proposal and should have your own survey done as well.

If they want to come on to your property, then you should make sure they cover all your costs related to same. As to a lien, unless one of you has filed a lawsuit and sought a lis pendens, there is no existing lien. You each may have a claim against the other in which you could each obtain a lien, but what you have at the moment is a boundary dispute.

I suggest you seek help from an attorney familiar with real estate.

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Answered on 6/30/09, 12:53 pm


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