Legal Question in Real Estate Law in Massachusetts
Land - Property
Several years ago we had a land dispute with our neighbor. The suit itself was dismissed due to inaction a few years ago with no further action to be taken. The dispute was over a retaining wall which was put in place by the builder many years ago that we sort of share. At the time, they wanted to knock it down but our argument was that it was not in anyone's best interest to do that because it was there for a reason. It is the defining property line and frankly serves a purpose. Yesterday, the neighbors had a surveyor out at their property to survey yet again (we had a reputable survey done 7 years ago when this was an issue so not sure why they needed another survey -but I don't trust that they are on the up and up). We believe they are interested in putting in an inground pool. We don't mind if they do it and good luck to them but we want to make sure that we are not under any obligation legally to let them use our land in order to do so. And, would this type of issue allow them to bring this back to court if they so desire? Totally worried that this is going to become yet another nightmare - just when we thought all was ok.
3 Answers from Attorneys
Re: Land - Property
You mentioned that you had a survey done previously - I assume that it covers the boundary line in question. There should be permanent survey marks placed, if not previously there. Is there any issue about the boundary?
It does make sense, as mentioned in the other answers, to simply ask them "what's up?" They can't use your land, and you could have them move anything placed upon your land without your permission by them (or their contractors), but it is better to avoid the dispute in the first place.
If they indicated that they are going ahead contrary to what the facts and your wishes are, you should hire an attorney.
Re: Land - Property
There is a possibility that they can try to use part of your lot or want to build within what may be a set-back requirement. A case dismissed for inaction is usually dismissed without prejudice and as such the issues in that case can be raised again.
You cannot stop them from bringing suit. I would suggest you ask them what they intend to do and see if you can work out something that serves both your interest and theirs. It will be far less expensive than litigation.
Re: Land - Property
I agree with Attorney Roth: why don't you just ask them, in a letter, to sit down with you and discuss their plans.
They probably need to have the property surveyed in order to get zoning approvals or perhaps just to put in a fence.
You are under no obligation to allow them to use or occupy your property. You may want to discuss the matter with an attorney and become an active part of what is happening. Oftentimes, legal disputes can be avoided.
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