Legal Question in Real Estate Law in Massachusetts

property dispute

almost 200' borders my neighbor. 20' feet of that contains a play area (railroad ties mulched area) which goes approx one and half feet into what he says is his property. this has existed for close to eight years. he ranted about a law that i can try to claim this area becasue it has been there more than seven years. please explain. also, how can i ignore his request to remove the railroad ties if he does not supply me with a court order. he stands in the play area scarring my kids but the police say he can if it is his land.


Asked on 5/29/07, 3:25 am

1 Answer from Attorneys

Re: property dispute

If it is his land, he can stand wherever he wants. Get the property surveyed and determine whether the mulched area is withint thebounds of your property. Adverse Possession requires 20 years of open, continuous, unbroken, use without the permission of the owner of the land. As long as your neighbor permits you to use the property, you cannot claim it is yours. That said, your neighbor is within his rights to remove the trespassing items or seek a court order (and legal fees) to have you do it. Advice: find a way to resolve this or be prepared to spend approximately $40,000 in legal fees fighting over an adverse possession claim.

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Answered on 5/29/07, 8:52 am


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