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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Default Property Line Dispute

    My question involves real estate located in the State of: Massachusetts
    Old neighbors, great relationship, came to us about 4 years ago - wanting to put up fence. They were concerned as survey report showed houses on street not centered on lots, and a fence between our houses would make fence placement difficult and leave them with a tiny sideyard. Tree also involved situated right on property border. Tree huggers all of us - we decided to go around the tree and favored them by allowing them to put the fence on our side of the tree. No easement done although I clearly informed them the yard property line was not now the fence. As luck would have - within a year or two they sold. New owners apparently not aware of 'true' property line and assumed fence was property line. They just hired tree service to cut down every tree on their property including tree straddling line. I intercepted landscapers and nicely (I swear) explained situation. Shocked neighbor came to my door and angrily informed me tree was diseased had to go, etc. I tried to remain nice throughout, and I mentioned I would hire a tree service to evaluate tree, and if tree was diseased I would go with her judgement. Her landscaper then evaluated and acknowedged tree not diseased, needed good pruning to get branches off their house. She informed me of plans to hire surveyor, which I am fine with. I have every expectation the property line will show to be exactly through the tree as I described. My question, given I allowed fence to be placed on my property does this somehow change ownership/property line rights? Also - front yard has second tree - same situation although no fence, but she also wants that tree gone, and I am not keen about it. The tree is healthy. If fence is somehow now deemed the property line - does it exend directly through front yard (unfenced) as well? Am I too late to get easement and will that somehow protect me better and save me from further grief on this.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Property Line Dispute

    My question, given I allowed fence to be placed on my property does this somehow change ownership/property line rights?
    Sometimes a fence is just a fence. Yours is what I would call a "convenience" fence.

    As it was built according to your permissive use, it is very unlikely that the location can ripen into a claim of your property.

    Permission is just that and can be withdrawn by you at your "convenience".

    The neighbor may have a change of heart after finding out what the survey will cost. It may just die down. But I think that you need to deal with this in a proactive way as, in the long term, time will not be on your side.

    If the neighbor does not follow through with a survey, I would suggest that you have your attorney send them a letter stating your take on the fence, how it was placed with your permission, and that you are continuing the permission until further notice. Your attorney will know what to say.

    If the whole thing descends into a "he said she said" squabble over the location of the boundary, somebody will be paying for a survey.

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