Legal Question in Real Estate Law in Massachusetts
Structures that extend onto a neighbor's land
If we have a structure that lies 1/2 on our neighbor's property, does that structure become 1/2 their's? Case in point. A set of stairs the previous owner of our home built 15 years ago, is 1/2 on our neighbor's land. Does that mean the neighbor ''owns'' 1/2 of our stairs and can claim use of them? Would our only option be to move them completely onto our land. The neighobr has a survey showing that the steps do lie 1/2 on her land.
1 Answer from Attorneys
Re: Structures that extend onto a neighbor's land
Technically, the portion of the stairs that are on your neighbor's property constitute a continuing trespass for which she could sue to require their removal.
There are some options which include offering to purchase the portion of your neighbor's property on which the stairs rest or purchasing or otherwise negotiating an easement over that portion of her property. Given that she has had a survey prepared, you should consult an attorney to negotiate these options with her or her attorney.
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