Legal Question in Real Estate Law in Massachusetts
we want to paint the side of our building which abuts our neighbor's driveway and she stated that we need to provide her with the following before she would allow us on her property: "Your contractor must provide me with a certificate of insurance that covers general liability, property damage, bodily harm including death and workmen's comp. The insurance policy must also carry a short term policy insuring me fully.
do we have to provide her with any of that or can we access her property under the following massachusetts law? Chapter 266: Section 120B. Entry on land by abutting property owners not constituting trespass.
this law states that we need to post a bond with the local police department and we would then be able to access her property to paint the side of our house.
to top it off we just realized that the neighbor has attached her new fence to the side of our building to create a gated fence across her driveway.
1 Answer from Attorneys
It would be a lot less trouble to have your contractor name her as an additional insured, something which is common and probably just involves a telephone call to the contractor's insurance company. Then you can give her the documentation she wants and do the job with her permission.
The statute does apply, so long as you follow it closely. However, going this way is more likely to start a war � something you don�t want. You can certainly demand that she remove the section of fence attached to your building.
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