Legal Question in Real Estate Law in Massachusetts

my neighbors fence is located on my property by 2 feet. I had a survey done 2 years ago, they immeditly removed the survey stakes and through them back in our yard area, I have given them more than enough time to repair or remove the fence they are now claiming adverse possesion. they have owned the house now for 21 years @ the time of survey "noted, staked and made aware of ", @ the time of the survey they owned the house for 18 years all is documented except for tthem ripping out the fence. can they take this land??


Asked on 8/21/10, 1:57 pm

3 Answers from Attorneys
Warren Wood Law Offices of Warren Wood

You need to employ a seasoned attorney to assist you immediately.

Good Luck!

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Answered on 8/26/10, 2:08 pm

Mr. Wood's advice is correct. The issue is complicated, however, if the fence has been there for 20 years you are going to have a problem. They will have to show it has been there for 20 years and it was not with the consent of the prior owner.

Also, this type of litigation like any could be expensive and is not likely to be covered by your title insurance policy.

Let me ask you why you want the fence removed other than it is on your land?

You may want to work out a landscape easement which allows them to keep the fence where it is while protecting your title as to the entire lot.

Regardless, you need an experienced attorney and you should find out from a third party, if possible how long the fence has been there.

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Answered on 8/26/10, 2:21 pm
Joseph Murray Joseph M. Murray, Esq.

It is illegal to remove suvey stakes. Retain an attorney immediately. Good Luck!

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Answered on 8/26/10, 8:26 pm


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