Encroachment

[beaker76]

What is the name of your state? Massachusetts

I have done a search but couldn't quite find information that pertained to my case.

Here's how it goes....

My wife and I purchased a home in October 2001 from a distant relative, the house has been in my family since the early 1920's. There weren't any issues with the title of the property and the deed that was part of our sales paperwork was current.

The lot is shaped like a boot where the toes of the boot go behind the lot nextdoor to us and the upper part of the boot is the side property line. We decided to have the lot surveyed during the summer of 2002 and were shocked to see that the fence next door was about eight over the property boundary that the surveyors marked as well as about 50'x30' traingular section as well. We have asked them to remove the fence but have not complied and have posted "no tresspassing" signs all over the property.

The neighbors purchased the house next door in 1992 from my family after the death of a relative. They were only in the home for 9 years since we purchased the property that we are now on.

According to the previous owner of our home (he was renting before we purchased the house) he had never given them permission to install a fence on his property but along the boundary.

What are my options if they do not take the fence down, and should I offer to at least sell them the portion of land that their fence encloses as a good faith offer to my neighbor?

On a side note.....The neighbors lot is only 7000 sq ft. and they are taking up about 3500sq ft of my property.


Thanks for your eyes and help.

Good Day.

[I AM ALWAYS LIABLE]

My response:

The fence is on your property. That means the fence is yours. Knock it down if you don't want it. It's as simple as that.

IAAL

[beaker76]

Is it that simple?

[I AM ALWAYS LIABLE]

Originally Posted by beaker76

Is it that simple?

My response:

Look, if I walked into your home without permission, wouldn't you have me ejected? It's your property, right? You have the last word on who enters your property, right?

Well, the same thing goes for a fence. It's on your property without permission. You may do whatever you want with anything on your property that you don't want on your property.

It's as simple as that. You are the king of your castle and, as Seinfeld says, "the master of your domain."

IAAL

Have you ever heard of a can of gasoline, a bic lighter and a six-pack of hot dogs????

Have you ever heard of a can of gasoline, a bic lighter and a six-pack of hot dogs????"

**Now that's what I call a "good neighbor fence". Don't forget the hanger for the dogs

[HomeGuru]

and marshmallows.

**And the camera (make sure you share the pics)

**Oh, and the fire extinquisher