Legal Question in Real Estate Law in Massachusetts

Can a neighbor claim my yard is their yard if i let them use it as a garden?


Asked on 12/10/09, 7:06 am

2 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

In Massachusetts, a person my "obtain ownership" of land after 20 years of open, hostile, and adverse possession. If you grant permission for someone to use your land, it is permissive and not adverse. I suggest that you have the neighbor sign a document acknowledging that you own the land, have granted them permission to use it for a garden, and you can revoke your permission at any time.

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Answered on 12/15/09, 11:32 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

no - you have given permission to use. However, you may still have to prove that if he files, you have given him such permission. I agree with ALan.

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Answered on 12/17/09, 1:17 pm


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