Legal Question in Real Estate Law in Massachusetts
The question concerns town owned land used by and organization (BSA) and anecdotal history. Is there a precedent whereby four decades of assumed allowable usage can transcend un-locatable documentation and be recognized as legal fact? The agreement occurred late 1970's, perhaps agreed upon by selectman and scoutmasters with a hand-shake and a scribbled note, and corroborated by: town officials, fire dept issuing fire permits to the org., generations of scouts/leaders recollections, keys to the gate guarding the land in possession of BSA and countless other anecdotal history. The land in question is approx 1500sq ft in an area of Eastham Ma surrounded by Cape Cod Nat'l Seashore. There are no permanent structures other than a well that predates the scouts and is not used by them for drinking (although they have it tested regularly), there is a porta-potty which the scouts have maintained a fire ring and two picnic tables. Recently a concerned citizen challenged the legality of the scouts usage and the town administrator issued the scouts an immediate cease and desist order to stop using what is referred to on town maps as "The Scout Camp". Can anecdotal history evolve into legal fact?
Thank-you so much for any enlightenment you may shed. Colleen O'D-J.
2 Answers from Attorneys
Town owned land cannot be adversely possessed except under extremely narrow circumstances which are not present in the facts you have listed. Otherwise, use by permission can be revoked by the Town at any time. I am sorry to inform you that a simple history of permitted use of municipal land cannot evolve into a continued and enforceable righ to use the land in the event that a municipality withdraws permission.
Perhaps the Scouts should retain an attorney to determine whether there are facts that would entitle them to claim title by the theory of "Adverse Possession" i.e. 20 continuous years of open and notorious use without permission against or adverse to the rights of the title owner(s).
Good Luck!
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