Legal Question in Real Estate Law in Massachusetts
Eminant domain?
We moved into our house under 2 years ago. The neighbor next to me has been maintaining (cutting the grass) a small strip of our lawn for a number of years (prior to us moving in & also currently). Should we be concerned that if they continue to cut the grass (it's a few parallel strips where are lawns meet) that they could have a legitimate argument in taking this part of the property for their ownership (eminant domain)?
We have the plot plan for our land (as a result of our home purchase). It is a very insignificant amount of land but we would rather know what we're up against (or not up against).
1 Answer from Attorneys
Re: Eminant domain?
The neighbor may have a claim for title to the portion of land by adverse possession and not eminent domain. If one uses land continues for 20 years in open and adverse use to the true owner, the person has acquired title to the portion of land by adverse possession. The use must be continuous for 20 years. You should speak to the neighbor regarding the use of what you believe is your property. If it is fact your property, you should send them a letter to either provide permission to continue using or refrain from using and maintaining the strip of land. If their use has been for less than 20 years (also count prior owners if the use has been continuous), then this will stop any claim for adverse possession.
You may also want to have a survey done by an engineer. A survey is much more accurate than a plot plan. I would counsel against relying solely on a plot plan to determine the exact boundary line.
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