Legal Question in Real Estate Law in Massachusetts

Re: Neighbor put fence on my land...

Hello & Thanks For Your Inquiry:

My name is Len Foy and I am an attorney with the Law Offices of Gould & Gould, with offices in Methuen MA and Londonderry NH. Our office telephone # is (603) 434-3437.

The legal concept raised in your question is that of "adverse possession," by which an individual can become the owner of property by continuously and openly using it as his own for a specified number of years. Adverse possession cases are often decided on the unique facts of the case at hand.

However, if a person uses property only after obtaining permission from the true owner, as your neighbor did, then an adverse possession case becomes much more difficult to win. Still, if the neighbor's use of your property has exceeded your original understanding or agreement then you should probably raise the issue with him directly or send him a polite letter expressing your concerns.

Regards and Good Luck -

Len Foy

Re: Neighbor put fence on my land...

If you haven't already done so you should consider having an attorney draft a written agreement between yourself and your neighbor that can be reecorded in the Registry of Deeds specifically defining the permission you have given to prevent their gaining rights via adverse possession after 20 years of open use of your land adverse to your rightful interest in the land. This establishes a license which may be revoked at any time by you and because the use is with your permission negates the claim of adverse possession unless the use made substantially exceeds the specific permissive use without your protesting it.