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.
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.
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