Legal Question in Real Estate Law in Massachusetts
Neighbor's driveway on my property
My husband and I purchased our home in 1998. The property adjacent to ours changed ownership in 2004, and beginning in the spring of this year we have had a dispute with this new neighbor over the location of the boundary between our properties. In June of this year we had a property survey done, which revealed that a 3 ft wide section of the neighbor's paved driveway is actually on our property. We were previously unaware of this fact. We have no record of any easement granted to allow the neighbor use of this section of our property.
My question is: Do we have any legal means of protecting our ownership of this section of property, and can we legally remove the section of the neighbor's pavement that sits on our property and put up a fence along that section of the border? If so, what steps would be involved and what would the approximate legal fees be?
2 Answers from Attorneys
Re: Neighbor's driveway on my property
You should try to advise your neighbor, and discuss a resolution. If this fails, then you should notice the neighbor to cease and desist from using that part of the land that belongs to you. You may be required to physically fence or demarcate the area.
Now the neighbor may have some defenses for their continued use of this part of the property, including license. You may want to consult with an attorney about the history of the use of this part of your property so that you can see better how to approach a solution.
You can also contact me, to discuss this matter.
Re: Neighbor's driveway on my property
Whether your neighbor may lawfully have his driveway on your property primarily depends on how long the driveway has been on your property.
Generally, land may be taken through Adverse Possession, if the use of the land has been open and notorious for 20 years, without permission.
However, even if the neighbor is entitled to the land through adverse possession, you may still be the owner of record. As a result, even if the neighbor is entitled to the land he must bring a court action to quite title.
If you wish to attempt to remove the neighbors driveway from your property, it may be worth having a full instrument survey done to know exactly where the boundary is.
There is not a simple answer to how you should proceed without knowing more details surrounding the property.
The cost involved depends on how you wish to proceed and how your neighbor responds.
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