Legal Question in Real Estate Law in Massachusetts

fence on property not owned

I purchased a house 5 years ago.

I had an aging cedar fence replaced about a year ago. I was told by building inspector no permit needed to replace in same place with same fence.

Now, abutting city owned lot(forclosed in 1940's) sold.

After survey, I have been informed by another neighbor my fence is on abutting lot. I haven't heard from the abutting lots new owner yet. It's still an empty lot needing to be cleared.

The original fence was put up over 30 years ago by the previous owner. The company that put up the fence also put up original. No records. Just a company owners memory.

I've been cutting grass & maintaining it. The previous owner also cut/maintained lawn.

Do I have any claim to this property? I'd prefer not to tear down my fence.

There was an announcement in local paper announcing sale of property. I didn't see it.

Do they need to send something to abbutters or does just an announcement in paper do?

Thanks for any help!!

Steve


Asked on 7/19/08, 11:04 am

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

: fence on property not owned

You may have a claim for adverse possession. Or you may have to remove the fence.

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Answered on 7/20/08, 9:22 pm
Joseph Murray Joseph M. Murray, Esq.

Re: fence on property not owned

Retain an attorney to review title and determine whether you may have a claim that you and your predecessors in title gained title by adverse possession or whether you need to negotiate the purchase of the land on which the fence exists rather than being required to remove the fence. Good Luck!

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Answered on 7/21/08, 1:04 pm


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