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my neighbor is encroaching

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ryjan32500

Junior Member
What is the name of your state (only U.S. law)? Massachusetts.

We moved into our home two years ago, our neighbor came right over and said he had a gentlemans agreement with the previous owner over taking care of the property along part of his driveway, which is actually our property. We told him no, that for the amount we spent to buy the home we plan on utilizing every square inch. He keeps on mowing and over fertilizing the area. We are not happy because our kids and pets like to run all thru the yard, and that ferilizer could kill my dog. He told us he didnt really care about the kids or dog. I went and spoke to him about it and brought over my plot plan explaining boundry lines to him. He went and had someone from the town come out and they put a stake on our property indicating the towns right-of-way easement which is 10' from the road(which somehow the just increased that this year) it did go all the way to the street in the past years which made his mailbox and part of his driveway on our property. when the town guy put the stake in ,he still put it in 18+' from the property line and the neighbor thinks that is the property line. In the mean time I have called a surveyor about this . I just cant afford him right now, he was able to lookup and tell me that there is/was a legal easement for his driveway, but he also told me he is encroaching on my propery and when he comes out to put in the markers/bounds he will draw up an encroachment plan that will stand up in court. he was also very upset that the town guy(water dept.) put in that stake. He said in this state you are not aloud to stake out boundries unless your a licensed surveyor. Is there anything I can say or do in the meantime until I can afford the surveyor, do the town have surveyors for this sort of thing. Also is there any way to revoke is driveway easement. Also he thinks the towns right of way easement is public property that he will be able to what he wants with....
 


JETX

Senior Member
Send your neighbor a certified RRR letter (and 1st class) advising him that he is not to enter YOUR land (the easement does not give him the right to enter) and that any further trespass by him will result in possible criminal complaint being filed. Include a copy of your plat survey.
Another option is to simply fence the property or plant a row of bushes/shrubs delineating the property line.
 

ryjan32500

Junior Member
What is an RRR letter and where can I get one? Is there anyway to revoke his egress. He has plenty of room to move his driveway to the other side of his property?
 

FarmerJ

Senior Member
RRR = registered return reciept letter . IT can be typed out in your own words and printed . DOES not have to be a special form It only needs to be clear about the message. IF the letter comes back to you un delivered because they refuse to sign for it make sure you leave the letter closed and in your original envelope. Re print the letter and send it confirmed mail delivery.
 

JETX

Senior Member
RRR = registered return reciept letter . IT can be typed out in your own words and printed . DOES not have to be a special form It only needs to be clear about the message. IF the letter comes back to you un delivered because they refuse to sign for it make sure you leave the letter closed and in your original envelope. Re print the letter and send it confirmed mail delivery.
Almost correct. I advise sending it BOTH certified RRR and 1st class at the same time. Reference both delivery's in the same letter.
 

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