Legal Question in Real Estate Law in Massachusetts
property lines
My neighbor installed a chain link fence between her property and mine, on the property line. The post holes dug for the posts are on my property. I now cannot use my driveway as there is not enough room between my house and the fence for my car. Can she legally do this, so I cannot use my property as I have? I have owned my home for 12 years, and have used my driveway to get to my garage since I purchased my home until the fence was installed. She also had a survey done, which shows the property line, and I have my deed showing the property line, which is more accurate? They are off by a few inches.
2 Answers from Attorneys
Re: property lines
No, this is trespass. You can file an action with the court to determine property lines and property rights.
Re: property lines
Surveys are more accurate. I would start by getting my own survey done.
You need to find out how long the driveway has been there. If her posts are on your property, you can require them removed. If the driveway has been there for more than 20 years, you have a claim for adverse possession.
For the most part, I think your neighbor is being a little petty about this.
Good Luck.
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