Legal Question in Real Estate Law in Massachusetts

We purchased a (1986) home in Springfield, MA in 2007. We are the 3rd owners of the home. Our neighbors have always had a chain link fence on their property that stopped short of their actual property line. Because of this, there is property that had been "adopted" as part of our backyard. The previous owners of our home had fencing and a swingset on the land. Since moving into the home we have removed the swingset and fence and would like to put up new fencing. We maintain the property as our own (raking, mowing, planting, etc.). What right do we have to this land, if any? Please advise.


Asked on 3/01/10, 8:07 am

2 Answers from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

It is impossible to say for sure without knowing more information from you. However, based on your description, you may have ownership rights to the land through adverse possession, assuming the facts at issue satisfy the elements of that law. As I say, more information is needed to evaluate further.

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Answered on 3/06/10, 1:36 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

You need to retain an attorney to determine if you have a limited right or an unrestricted interest in the property.

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Answered on 3/07/10, 2:26 pm


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