Legal Question in Real Estate Law in Massachusetts

We have lived in our home for 37.5 years. We have always maintained an area that was owned by a neighbor. We did this because it looked awful. We have mowed, raked, seeded fertilized, weeded, and pruned the trees. The house was sold 12 years ago, and we continued to do this. The house was sold again last June, and again continued to maintain. I arrived home late Saturday afternoon to find orange stakes not only in an area that we knew was not ours, but also in an area that we really thought was ours. The surveyor is the brother of the new owner. says his sister just wanted to know where the line is. However he did not give me any points that he had used. What can we do. Live in Massachusetts


Asked on 4/14/13, 5:02 pm

1 Answer from Attorneys
Murray Davis Law Office of Murray I. Davis

You may have acquired ownership of the property that you maintained under the legal theory of "adverse possession," which you would likely have to establish by going to Court, unless the neighbors were willing to concede; however, you have bigger problems because it sounds like they may be claiming an ownership interest in land that you thought was yours. My best advice is for you to hire an experienced real estate lawyer.

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Answered on 4/15/13, 11:55 am


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