Legal Question in Real Estate Law in Massachusetts

You are correct to be concerned. There is some remote possibility that, after a period of time, your neighbors could make a claim to the portion of land that they had been using by way of adverse possession. To make a claim of ownership of land on the basis of adverse possession, a landowner must demonstrate that his or her use of the disputed land has been open, notorious, and hostile.

Technically, because you have granted your neighbor permission to use the small strip of land, you have arguably stripped them of the right to claim the land by adverse possession. You have effectively granted them a license to use the land.

My advice would be to put your permission in writing (or have a lawyer draft you a letter) and send the letter by certified mail, return receipt requested. If you can have the other property owner sign off on your letter, that is even better. In the event that this homeowner, or any subsequent homeowner, attempts to claim the potentially disputed land area on grounds of adverse possession, you should be able to defeat any such claim with your proof of license.

I hope this helps. If you would like some assistance, please do not hesitate to contact our office.