Legal Question in Real Estate Law in Massachusetts

Our neighbor behind us has a fence that runs between our yards but the fence ends short and there is a gap where my dogs & children can go through and access the busy road. We want to build a small fence across this gap to prevent this. He claims that there is about 3 feet of land that belongs to him, on our side of the fence. So he won't agree for us to put a portion of our fence on his property unless we give him access to our yard with a gate? I am completely uncomfortable with the free access into our yard. What can I legally do?


Asked on 10/31/22, 5:45 pm

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

You should find out if he is correct. If you can't determine this from your title records from when you purchased your home then you may want to consult a surveyor or a real estate attorney to determine this. A surveyor can mark the border by placing stakes so that there is no question of the border line. You can put a fence without a gate on your property. If your neighbor is correct then you need to cooperate with the neighbor if you are putting a fence on his property.

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Answered on 11/01/22, 10:20 am


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