Legal Question in Real Estate Law in Massachusetts
Moving property markers
What are the possible penalties for someone who willfully moves a property marker (iron pipe) in an attempt to gain extra property for themselves? My neighbour has moved a property marker (which now I have to make an added expense to have the property surveyed) I feel that I can prove this in court, what penalties would someone be subject to? They have also moved a lot of junk onto my property, can I possibly get the court to grant me storage fees until the items are removed? This is in Charlton, Mass (worcester county)
1 Answer from Attorneys
Re: Moving property markers
The moving of an iron marker to obtain more property is fraud and could be considered by the local prosecutor to be theft.
In the case of fraudlent action and intentional misprepresentation you can recover your legal fees and up to treble damages for any losses and damages. This would include the cost of the survey, lost time from work, any damage to your property. Likewise, if it is junk on his property and it is causing a problem for your property such as attracting animals or other things it may be considered a nuisance.
You should contact an attorney ASAP.
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