Legal Question in Real Estate Law in Massachusetts

Re: real estate

The county clerk should have the deed on file which explicitly states the boundaries of the property. However, have a survey done and have them stake the land. (They will survey based on the deed.) Also, in general, when selling real estate, the owners of the property may pay for the survey.

The problem is adverse possession. Because the ski resort owners openly, adversely encroached on and used the property for more than 10 years. This would allow them to claim ownership of that part of the proprety on which they have the ski trail.

However, the adverse possession laws have recently changed eliminating some of the de minimus non-structural encroachments. For example, planting shurbs, putting up a fence, mowing the lawn or mainting the property no longer is considered "adverse." The new laws in New York were only passed in April 2008.

Will the placing of a ski trail on the property constitute adverse possession? This will be determined by the courts who will interpret the new adverse possession law.

Good luck