Legal Question in Real Estate Law in Massachusetts
My husband is adding on to a stockade fence he put up four years ago and cut down a tree to do it that was clearly on our side of the fence. Now the neighbor states it was his tree and that the fence is on his property. there are two cement markers that we have documented as being used for boundary markers back in 1956. they are still there. Are these still considered reliable markers? We were told by the realtor and the former owners that they were. If so, we are well within our property with the fence and the tree.
2 Answers from Attorneys
If the tree was in your yard, it was your tree. If the tree was in your neighbors' yard then you can be sued for trespass and the value of the tree. You may have had your home/yard/land surveyed at some point in time, and a survey will definitively mark the boundaries.
The only way to know for sure is to get a survey. However, when you purchased your home you should have gotten a plot pan. The plot plan may reference the markers. If it does show it to your neighbor. If he wants to argue about it tell him to get a survey done, I doubt he will want to spend the money for a formal survey. If you borrowed money to purchase your home, the bank required a plot plan, so if you cannot find it ask your lender for a copy.
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