Legal Question in Real Estate Law in Massachusetts
Squatter's Rights
My aunt owns a home in Massachusetts. Unfortunately when she built an addition to that home about 30 years ago, a corner of the building addition was constructed on her neighbor's lot. She has attempted to contact the owner over several years and has been ignored. Now she is trying to sell her home and doesn't appear to have a clear title. The neighbor now wants to build a housing development and may give her the needed 10' if his development goes though, but this is tied up in zoning and my aunt wants out now. She has paid $1,500 in attorney's fees thus far trying to contact the neighbor and discussing options for if the development goes though, but there is no guarentee. Isn't there a law protecting her because she has occupied the space for more than x years? It seems like such a simple thing...
2 Answers from Attorneys
Re: Squatter's Rights
MA Law provides for Adverse Possession, and that would allow the House to remain where it is. She would have to file suit, but there is no question, she could keep the home where it is.
The issue is it is a non-conforming use because it is over the lot line. I don't know who the attorney is representing her, but I am sure he must have explained this to her.
The issue is one that has more import to the lender of the buyer than anyone else. The matter should be resolvable without having to wait for the neighbor to get his new zoning. However, it is not necessarily inexpensive.
Please feel free to call me if you have more questions.
Re: Squatter's Rights
Adverse possession is the law, and the ownsership or occupation of the land must be essentially for 20 years. The issue has the other attorney stated must be litigated. An action must be filed to get a court to oder that the occupied land has by the nature of the adverse possession has been so controlled as to transfer the title to the possessor.
As stated, there are set back requirements as welll. Unless there is a sufficient space between the the structure and the boundary, there could be a problem. Zoning regulation apply. An examination of the town's zoning rules to see if such a change was either grandfathered, or somehow permitted, is essential.
Finally, I am not sure what you attorney has done. But you are entitled to seek a breakdown of the time spent, and what was done during the time to get information about what your attorney did. You either should be receiving a statement, or should be requesting a statement. You should also be informed about the nature of the exchange of any correspondence.
I think what I am saying is that this is a complicated legal situation that seems to be impacted by potentially inadequate communication between the attorney and his client. You need to get this clarified first. If you are satisfied that your attorney has and will handle this matter effectively, then the only issue is to improve the level of communication. If you lost confidence in your attorney, then the other choice is to seek a consultation and/or another attorney.
If you have anyother information, or which to consult with me, you can contact me.
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