Adverse Possession questions/advice

[Gilly826]

I have a situation that I would appreciate some help/guidance regarding adverse possession. I hope this is an appropriate section for this post.

I live in MA, where the law states 20 years is magic number for adverse possession to be possible. My neighbors land is a subdivision of "my" land. A previous owner had subdivided the land to a family member many years ago. I mention this because, the plot setup is quite strange. My neighbor has an easement to his house through my land, but there's a section on the other side of the driveway in front of his house that I own and would like to "re-claim."

Over the past several years my neighbors in this house have parked their vehicles on the lawn, and mowed the grass in the summer. I have no idea how many years he's been doing so, if he has proof, etc. I'm looking to put an end to it, but am wondering if he technically has right to my land. I bought the house less than 2 years ago. I'm currently paying taxes on the land, and it's listed as my land on my plot plans. So...

1) Can he claim this land, and would he need to file some sort of documentation with the courts? (Proof he has taken care of the land for 20+ years) Idk how the "official claim" would transpire.


2) If he would be required to claim the land through the courts etc., and he hasn't yet.. Can I get a surveyor, and put up a fence without legal issues?

I would appreciate any help you can offer. Thank you!

 

[oldognewtrick]

Your best bet would be to contact an attorney and ask them. No one that I know of on this site can provide binding legal opinions. Let us know how things turn out.

 

[Gilly826]

That's a good point. I'll look into it. Thanks!

 

[Rusty]

Every state is different.

 

[Gilly826]

Your right on that! I have been looking into the law here in MA, but olddognewtrick is probably right about asking a lawyer.. I'll be giving mine a call tomorrow. When I find an answer for sure I'll make sure to post it up for everyone.

You may have figured this, but this is one of those neighbors turn DB scenarios.

 

[joecaption]

Any real estate attorney that's not just out to make a fast buck should be able to look over the facts and give you an idea on what this is going to cost to see if it's even worth fighting for.
I tried to find you a Steve Lehto You Tube video on this subject, hes an atterney that's had to deal with this type issue with the man next door for years on a house he owned.

 

[slownsteady]

I n NJ, if you use the land yourself, he can not lay claim to it. If you haven't used it, it could be considered abandoned and the other may lay claim to it. Just sayin'.

 

[Rusty]

Around here it belongs to whoever has been paying the taxes on it.

 

[Eddie_T]

I live in NC and was concerned about a piece of pasture land that my Dad let a neighbor move his fence about 8 -10 ft onto. The clerk of the court said no worries as we the heirs were paying taxes on the property proving it wasn't abandoned. The neighbor's only avenue in NC would have been a "quit claim" deed and paying taxes on the portion.

 

[Gilly826]

Interesting, I hope it's something similar here in MA.. cause I am paying the taxes on it. I'm still waiting to hear back from my lawyer for an official answer.

I may have to reach out to the local building inspector as well. If all goes according to plan I am going to fence in the area in front of my neighbors yard (my land in "question") and use it for outdoor storage (mostly firewood), but I don't know how close I can legally put a fence up to a house. Putting up a fence there would likely block his entire view of the street from his living room.

 

[Rusty]

Our property went within 2 feet of the neighbors house and we put a fence there.

 

[slownsteady]

You have to weigh the consequences of what you do. I'm not saying "don't do it", I'm just saying that a quarrel with a neighbor can easily become a war and you may choose to keep it pleasant and peaceful. I totally understand the desire to use your land the way you want, and that is where the "weighing" part comes in.

 

[Gilly826]

I totally agree. I don't want it to be this way, but my neighbor is the one who started the war.. now I'm just "fighting back." It sucks cause I got to live right next to him, but what he did can't be forgotten.