Legal Question in Real Estate Law in Massachusetts

I am letting a neighbor use my property for a landscaping drain pipe. Can he get any rights or claim any of my land because of this?


Asked on 8/31/09, 6:14 pm

2 Answers from Attorneys

I would suggest whatever agreement you and your neighbor have that it be put in writing so there is no misunderstanding.

Since you are giving him permission, his use is with your consent and as such he cannot obtain an perscriptive easement or adverse possession. However, for clarity and so there is no future conflct, I would have some letter of understanding signed. You should consult an attorney to draft the letter for you or at least review it, so you do not inadvertantly create rights you do not want to grant the neighbor.

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Answered on 9/05/09, 10:50 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

You are giving him waht sounds like unlimited rights that you should not. Any such agreement should be limited in scope and duration, and in writing.

If you need help, contact me.

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Answered on 9/06/09, 9:13 pm


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