Legal Question in Real Estate Law in Massachusetts

Re: neighbor claims ownership

What you are referring to is a claim of adverse possession which in simplest terms is a lawsuit. In Massachusetts you must possess the property being claimed, continuously for 20 years (Mass. Gen. L. ch. 260, sec.21) To meet the requirements for adverse possession you must also show that:

1) You were the exclusive possessor and actually entered the property.

2) Your possession must be open and notorious--your possession must be seen. The possession must be appropriate to the type, size and use of the land. Enclosures, houses, cabins, payment of taxes all help establish your claim. The general idea is to give the owner reasonable notice that you are in possession and give him the opportunity to eject you.

3) Your possession must be adverse to the owners claim, in other words without the owners consent. If the owner has given permission for you to be on the property you can't claim the property adversely.

4) Your possession must be continuous (for 20 years). If your entry was only occasional you may be deemed a trespasser and not be able to claim adverse possession. However, certain seasonal or intermittent uses satisfy the continuous element if the average owner of a particular piece of property would use it in that manner (e.g. a summer home).

More fundamental question, however, is who actually was issued title ot the property 43 years ago. You should have a survey or a plot plan that came with your home. A first step would be to contact a surveyor and determine who was the original owner. After that you can file a claim for adverse possession.

Please feel free to contact me if you have more questions.