Legal Question in Real Estate Law in Massachusetts

Re: Encroachment

What Henry said...

Also, given that the potential dispute involves land, however, it may be better to deal with this now to avoid issues later when you need/want to quickly sell.

On the other hand, if the neighbor files an old mechanism called lis pendens in the registry of deeds, which will notify mortgage holders of the presence of a dispute involving the land, the lis pendens filing may act like an encumberance to your title, or "cloud" your title. While lis pendens is not used much anymore, it can be effective and should be considered in deciding what to do. Your mortgage holders would get notice of the filing and would not be happy about it; they may even demand you eliminate the lis pendens immediately, even before the final resolution of the dispute, by posting an expensive bond to pay for a resolution or by paying to resolve the issue yourself (you might get reimbursed if you won the lawsuit).

Just some things to think about before marching in to court, or sitting and doing nothing. Discuss your approach with a knowledgable attorney. I'm happy to help.

: Encroachment???

The mere transmittal of a survey is not much, especially if the document sent is suspect. You could try to negotiate with your neighbor, and seek to jointly fund a survey.

You can ignore him. YOu can tell him he is wrong. You can wait until he files an action. You can file an action.

If you have questions or need assistance contact me.