Legal Question in Real Estate Law in Massachusetts

As a home and land owner, I have a question regarding a fence issue. My yard is fenced by a chain linked fence. The plot was not a square plot, when putting up the fence we decided to make the yard square, by doing so there was an piece of my land (about 3 - 4 feet on the other side of the fence. We now have new neighbors, their land butts our land in the back yard. They asked if they could connect a chain linke fence to ours to secure their yard for the children. I don't have a problem with this, except that I have concerns that they will in time own this land. What are the laws if any that pertain to this?


Asked on 3/22/11, 6:16 am

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

You are correct to be concerned. There is some remote possibility that, after a period of time, your neighbors could make a claim to the portion of land that they had been using by way of adverse possession. To make a claim of ownership of land on the basis of adverse possession, a landowner must demonstrate that his or her use of the disputed land has been open, notorious, and hostile.

Technically, because you have granted your neighbor permission to use the small strip of land, you have arguably stripped them of the right to claim the land by adverse possession. You have effectively granted them a license to use the land.

My advice would be to put your permission in writing (or have a lawyer draft you a letter) and send the letter by certified mail, return receipt requested. If you can have the other property owner sign off on your letter, that is even better. In the event that this homeowner, or any subsequent homeowner, attempts to claim the potentially disputed land area on grounds of adverse possession, you should be able to defeat any such claim with your proof of license.

I hope this helps. If you would like some assistance, please do not hesitate to contact our office.

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Answered on 3/22/11, 6:44 am


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