Legal Question in Real Estate Law in Massachusetts

I have a fence along the side of my back yard that angles to an endpoint about 3 feet on my side of the side property line. My neighbor is planting a hedge against the fence, part of the hedge being planted (withouot asking my permission) on my property. Does this pose a legal problem if I have need to use this area in the future?


Asked on 6/16/11, 5:53 am

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

This is not an immediate problem. However, after 20 years, it could be a problem. Your neighbor could claim that after 20 years, he owns the area. If he sues you at that time, he could claim adverse possession and a court could find that he actually owns the area. The way to avoid this is to give him permission to use the area. An agreement that acknowledges that you own the area and will allow him to use it will protect your title. You can even record a document at the registry of deeds that will protect you. Such an agreement is known as a license. My recommendation is that you contact a lawyer and record a license at the registry of deeds.

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Answered on 6/16/11, 6:57 am


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