Legal Question in Real Estate Law in Massachusetts
A prior owner or our house put up hedges about two feet inside our property line. We have had issues with the neighbors. They even tell our kids to get out of "their" yard, if they are next to the hedges. We don't want to risk them "taking" (the non-legal term) the two feet, that they assume is theirs. Do we need to do anything to make sure they can't "claim" the footage as theirs? If we put up a fence, do we need a formal survey? Thanks
A prior owner or our house put up hedges about two feet inside our property line. We have had issues with the neighbors. They even tell our kids to get out of "their" yard, if they are next to the hedges. We don't want to risk them "taking" (the non-legal term) the two feet, that they assume is theirs. Do we need to do anything to make sure they can't "claim" the footage as theirs? If we put up a fence, do we need a formal survey? Thanks
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2 Answers from Attorneys
You can send them a letter certified return receipt stating their hedges are on your lot, but you give them permission to leave them there until such time as you decide you want them removed. This would invalidate their claim of adverse possession unless they reply no its our land and we do not need your permission.
However, before starting up with them, I would at least have that side of your lot properly surveyed so you know exactly where the property line is. It probably would be best to have the entire lot surveyed. The plot plan you get when you buy a home is not a complete survey.
Good Luck
The best way is to have it surveyed and staked. This will clearly mark the boundary. If you put up a fence you have a problem in that without a formal survey, you can't be sure where the exact boundary lies. As a result, you could be putting the fence on your neigbor's land.
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