Legal Question in Real Estate Law in Massachusetts

fence in my way

i have deeded beach rights to a pond where i live. my not so nice neighbor erected a fence blocking my deeded rights is this legal? his fence goes right across my front yard. if he had put in a gate would that make it legal?


Asked on 8/04/00, 7:36 pm

1 Answer from Attorneys

Re: fence in my way

ALERT! ALERT! You are being forced to take some action or else you will (after a LONG while) lose

your deeded access rights!

Would a gate in the fence make it legal?, you ask. If the gate gives you all the access you want or need, then yes. If the gate is too narrow for a boat you might want to carry down there some day, then ... again, eventually, your access rights will become restricted.

See a local lawyer. If the fence JUST went up,

you have time but don't let it go too long. Also, establish solid proof that the fence was just installed NOW rather than try to do it later; for example, hunt down the fence installer and get an affidavit from him notarized (but don't tell the neighbor) and be sure to get contact information so you can find him later when you need it.

You need to have a lawyer demand something (fence removal, or, if you're happy with a gate, then gate installation) formally. Go see a local property law specialist.

This is one of the trickiest areas of the law that there is. Even experienced generalists in the law make big mistakes in this area, so don't fool around; get someone who specializes. If you will tell me your town or city, I can help you find someone appropriate who is within your area.

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Answered on 9/13/00, 10:10 pm


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