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  1. #1
    Join Date
    Sep 2016
    Posts
    1

    Angry Regaining Property After Settling a Property Line Dispute

    My question involves real estate located in the State of: Massachuetts I bought my home in 2004 .A new neighbor buys the house next door on a short sale in 2009 and proceeds to renovate .In 2013 he has a survey done and claims Im encroaching 6 ft in and 100 ft down the property line .Being a good neighbor and ignorant of home ownership ,I said ok .I should have had a survey done but foolishly did not . I signed nothing .It was a verbal agreement . The fence dividing my property was mine and needed to be replaced at some point and neighbor said he would tear it down and build a rock wall and put a decrotive aluminum fence as well
    I thought this would we great .unbeknowst to me he built the wall on the property line and planted bushes behind the wall and then the aluminum fence behind that with black screens for privacy until bushes grew .well he cannot see anything because this whole thing is facing me .weeds are now growing into trees .prior to him doing this I asked if he would work something out and he wouldn't budge .he also cut off a portion of my basketball court because he wanted his land .could I claim my land back by adverse possession

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Regaining Property After Settling a Property Line Dispute

    As is implied by the term, "adverse possession", such a claim involves being in possession of the land. You are not in possession of the land, as you have ceded sole and exclusive possession to your neighbor.

    If you have a survey done and learn that the property line is located other than were you believed it to be in 2013, you may be able to recover your land up to the actual property line. If the survey performed in 2013 is correct, you can expect the now correct property line to continue to be enforceable by your neighbor.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Regaining Property After Settling a Property Line Dispute

    Your description of the fence row isn't clear to me so here are a few
    thoughts


    if any of the new fence is on your property, remove it

    if the weeds are on your property, maintain your property. If they are on his property and they violate any ordinance, contact your code
    enforcement officer and ask they take action to enforce the codes.

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