Neighbor has beeing using part of my yard

[samlooker]

MA.
I bought my house at 2000. At the time I bought it, I found a piece of my back yard was being used by the then neighbor, he installed sprinkler system on it and mowed it regularly. It did not concern me at that time and I did nothing regarding that. Latter the neighbor sold his house to my now neighbor. Last year my new neighbor installed a fence, part of it is on my yard that being used by the old neighbor (and the new neighbor after he bought the house).

I think that piece of land belongs to me, because I got the plotting plans on both houses from the town. Both plans show the land belong to me. I did not do a survey.

From the registry of deed system I did not see any history records regarding any trade/agreement/whatever regarding that piece of land.

Both my house and the neighbor's house were built at 1994, from a farm land. I do not want them to be able to use adverse possession to claim my yard (20 years in MA), so I am going to tell them I will take back the land. My questions are:

1) Can I take back the land, even though they have been using it, in the worst case, probably since the houses were built (1994)?

2) the fact that when they bought the house the prior owner has been using the land, would this complicate the matter?

3) Any chance the dispute would extend beyond 1994?

4) How should I approach this? Talk to the neighbor first? Have them remove the fence and sprinkler system?

Thanks.

 

[Kiawah]

You should start be getting an actual current survey done, and have them mark your property with survey pins.

 

[samlooker]

You should start be getting an actual current survey done, and have them mark your property with survey pins.

I think both houses' plotting plans show the same thing, and the houses are not that old (15 years), the plans should be accurate? BTW we are talking about 2000+ square feet, not a tiny bit of land.

 

[Kiawah]

I can't imagine that anyone would knowingly go to the expense of building a fence and not having it on their property, so I'd say yes you have a dispute where the boundary is and you ought to be dealing with some real current property boundary posts by a licensed surveyor.

You have to figure out just what you want to do. You can ignore what has happened and let him keep his fence on your alleged property.....or.....you can get your property marked, and then ask him to move his fence off of your property. He's not going to spend a couple grand to move his fence, based off of some old plot plans and you out there with a tape ruler triangulating off of your house and driving wood posts in the dirt (and you wouldn't either, if you were in his shoes).

If you are going to assert your position that his fence is indeed on your property, spend a couple hundred bucks and get your property professionally marked.

 

[drewguy]

1) Can I take back the land, even though they have been using it, in the worst case, probably since the houses were built (1994)?

2) the fact that when they bought the house the prior owner has been using the land, would this complicate the matter?

3) Any chance the dispute would extend beyond 1994?

4) How should I approach this? Talk to the neighbor first? Have them remove the fence and sprinkler system?

Thanks.

1--If AP requires 20 years, then they have not possessed it long enough.
2--Only if the total time were more than 20 years, and they wanted to assert a "tacking" of time
3--When were the lots subdivided? It's unlikely that unused land would have been claimed by your neighbor's predecessor in interest.
4--Survey, talk, request fence be moved, if necessary litigate.