Legal Question in Real Estate Law in Massachusetts
property line dispute
I live in a house with my mother that my parents bought when I was 46 years ago. There is a small yard and there are fences surrounding the yard which have been there since we moved in. No a women who bought a propert on on side of us is claiming that our hedges and one of the fences is on her property. 3 previous owners of her land have not claimed this and this women's statements are upsetting my elderly mother. How can we protect my mother's property rights. If the land boundaries have not been contested in the past 46 years doesn't that make the property this other women is claiming is hers not hers anymore. She has been living in her place just a short time and a developer actually bought the property next to ours and converted it to a 3 unit condo building. I would think that they would brought up any land dispute at that time. I would like to ensure that this ''new comer'' to my mother's neighborhood does not try and take something she does not deserve, name a part of my mother's small yard.
Tell me what we need to do to have my mother's land clairly indicated as being hers and not belong to this woman.
5 Answers from Attorneys
Re: property line dispute
Retain an attorney to search the title and perhaps have a survey done if needed. If there is any truth to the "new comers" claims, perhaps she has a suvey that you should have an attorney review first. Then it may be advisable to file a suit to quiet title depending on whether your MOTHER'S ADVERSE USE FOR MORE THAN 20 YEARS, WAS SUFFICIENT GIVE HER TITLE TO THE LAND USED.
Re: property line dispute
Retain an attorney to search the title and perhaps have a survey done if needed. If there is any truth to the "new comers" claims, perhaps she has a survey that you should have an attorney review first. Then it may be advisable to file a suit to quiet title depending on whether your MOTHER'S ADVERSE USE FOR MORE THAN 20 YEARS, WAS SUFFICIENT GIVE HER TITLE TO THE LAND USED.
Re: property line dispute
Retain an attorney to search the title and perhaps have a survey done if needed. If there is any truth to the "new comers" claims, perhaps she has a survey that you should have an attorney review first. Then it may be advisable to file a suit to quiet title depending on whether your MOTHER'S ADVERSE USE FOR MORE THAN 20 YEARS, WAS SUFFICIENT GIVE HER TITLE TO THE LAND USED.
Re: property line dispute
Retain an attorney to search the title and perhaps have a survey done if needed. If there is any truth to the "new comers" claims, perhaps she has a survey that you should have an attorney review first. Then it may be advisable to file a suit to quiet title depending on whether your MOTHER'S ADVERSE USE FOR MORE THAN 20 YEARS, WAS SUFFICIENT to GIVE HER TITLE TO THE LAND USED.
Re: property line dispute
Adverse Possession only takes 20 years. The use must be open notorious and exclusive.
Here you have treated the subject property as being yours for 46 years. Apart from that you can have your lot surveyed to determine the ownership.
Ultimately you would either have to go to court or come to agreement with the neighbor. Please feel free to contact me if you have more questions.
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