Legal Question in Real Estate Law in Massachusetts
fencing off a part of your land and not leaving any access to it
If a person puts up a 6' high stockaid fence along there boundry line and connects the fence to the neighbors on both sides, does this create a new boundry line for that property? Therefor, does this mean that the 6'' to 20'' of land that exist between the fence and existing property can be maintained by the property owner that abbuts that land?
2 Answers from Attorneys
Re: fencing off a part of your land and not leaving any access to it
This question is about Adverse Possession. Adverse possession, or the taking of land by another, occurs when ceratin elements regarding that land are met. Yes, maintenance is one of them however there is a time requirement of years, possession must be hostile (without permission). The neighbor may have granted permission by putting up the fence in that location, knowing that another may use it.
Re: fencing off a part of your land and not leaving any access to it
Fencing has nothing to do with ownership. If however a neighbor acts in a manner that meets the requirements of adverse possession for the requisit period, they will be able to claim title by adverse possession.
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