Legal Question in Real Estate Law in Massachusetts

I planted a line of privacy trees in the middle of a wide field stone wall that separates my property from my neighbor's, over 10 years ago. We always believed the stone wall was a boundary wall, dividing our properties. The neighbor never said a word about the trees until recently. Now she had her property surveyed, and she claims the stone wall is on her land. She is asking me to remove the privacy trees from 'her stone wall'. Do I have a legal right to leave the trees where they are because so much time has transpired, and she never complained previously?

Thanks


Asked on 3/01/14, 10:23 am

1 Answer from Attorneys

Assuming her survey is correct, unless you can show that the property has been adversely possessed you have to remove them.

An alternative is to ask the neighbor for a landscape easement that allows you to keep the trees and maintain them. This way she can protect her title for the property.

Good Luck

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Answered on 3/01/14, 1:19 pm


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