Legal Question in Real Estate Law in Massachusetts
taking advantage of senior citizen
Neighbor wants to put up fence pushing closer to my 92 year old father's house. Neighbors garage is already too close to my father's house, now he wants to put a fence up even closer. Having the yard surveyed will do no good, this same neighbor has already shown he will pull up boundary markers by doing just that on one corner of his own property, and bragged about it later. The house stands empty most of the time and I fear he will put up his fence anytime he wants although we have said ''no'' to him.
3 Answers from Attorneys
Re: taking advantage of senior citizen
Retain an attorney to send a formal cease and desist letter. And discuss with your attorney whether the neighbor's actions in pulling up boundary markers may be actionable both civilly and criminally. Good Luck!
Re: taking advantage of senior citizen
You may wish to consider seeking a restraining order against this individual, afterproper notice. I verification of legal boundaries might be in order first. You may wish to verify the legal setbacks required by your zoning ordinances also.
If after thorough verification of property lines, setbacks, and a wrtten legal demand, this person persists in this behavior, then a law suit seeking an injunction and damages may be in order.
This Office offers free initial consultations on certain elder law and real estate matters.
Re: taking advantage of senior citizen
Hire an atorney to send a formal cease and desist letter to your neighbor. In the same latter, I would inform your neighber that disturbing, removing or defacing any surveying marks is a violation of Massachusetts law, which could potentially subject him to civil and criminal penalties. If your neighbor continues to be unresponisive, your father will want to consider filing a civil action for trespass and seek a restraining order from the Court preventing any further trespass onto his property. Let me know if I can be of any assistance. Good luck.
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