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Sample letter to grant permission to neighbor.

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JoeMil

New member
What is the name of your state? MA

I am trying to write up a letter to grant permission to my neighbor to use a piece of land that belongs to me. This is to avoid any future adverse possession claims. I intend to have the neighbor sign it.

The neighbor has already put up a fence partially in my property. I don't need them to bring it down now, but need to have something in written to avoid future adverse possession claim.

Are there standard forms for this? Could someone provide a sample letter for this? Or at the very least some advise on how to word the letter/document.

Thanks you.
 


Zigner

Senior Member, Non-Attorney
It may sound strange, but your question is actually asking members of the forum to break the law (unlawful practice of law). I can tell you that you will want to consider and comply with whatever laws (including caselaw) there are in your state regarding this. Your best best is a short sit-down with a local attorney.
 
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zddoodah

Active Member
Are there standard forms for this?
No, but you might be able to find a sample by googling.

Could someone provide a sample letter for this?
Could? Yes. Should? No.

You'd be far better seeing if a local attorney will draft something for you for a couple hundred bucks than rely on something you get for free from an anonymous stranger on the internet who may or may not be an attorney and may or may not be in your state.
 

quincy

Senior Member
You really don’t need a special form for this. All you need is something in writing, dated and signed by both you and your neighbor, that says you are granting him permission to have a fence on your property.

What defeats a claim of adverse possession will be evidence that permission to use the property was granted by the property owner.

Having an attorney in your area draft the letter would be smart, however.
 

JoeMil

New member
Thank you ALL for your replies.
Quincy, your advise is very helpful, thanks a lot.
Zigner, I don't know myself as a "breaking-the-law" kind of person, and I don't want to in this instance either. Please tell me so I know for other times, how am I breaking the law by asking something that I would be asking an attorney?
 

PayrollHRGuy

Senior Member
Zigner, I don't know myself as a "breaking-the-law" kind of person, and I don't want to in this instance either. Please tell me so I know for other times, how am I breaking the law by asking something that I would be asking an attorney?
It wouldn't be you @JoeMil that would be breaking the law. It would be responders here that are not licensed to practice law in the state of MA who would be illegally practicing law.
 

quincy

Senior Member
Thank you ALL for your replies.
Quincy, your advise is very helpful, thanks a lot.
Zigner, I don't know myself as a "breaking-the-law" kind of person, and I don't want to in this instance either. Please tell me so I know for other times, how am I breaking the law by asking something that I would be asking an attorney?
You’re welcome, Joe. I appreciate the thanks.

The practice of law includes the drafting of legal documents. If someone is not a lawyer licensed to practice in the state, it generally would be considered the unauthorized practice of law (UPL) in most states for that person to draft a legal document for someone else.
 

JoeMil

New member
Thank you for the thoughtful reply Quincy.
Just to clarify though, I wasn't really looking for someone to draft a letter for me (even though I didn't and don't see a problem with that); I was asking if there was a template or standard format for writing the letter (like there are for many Real Estate or other matters).
 

quincy

Senior Member
Thank you for the thoughtful reply Quincy.
Just to clarify though, I wasn't really looking for someone to draft a letter for me (even though I didn't and don't see a problem with that); I was asking if there was a template or standard format for writing the letter (like there are for many Real Estate or other matters).
I know of no template or standard format available to use. One might exist but I don’t know of it if it does.

What I suggest you do is start by writing to your neighbor (USPS formal
but friendly letter, certified return receipt requested) saying something about boundary lines (you would be smart to have a survey of your property), the location of his fence, and your grant of permission to him to use your property for the fence. You should keep a copy of the letter.

You can follow up this letter with a personal visit with the neighbor and a permission letter/license for his signature. This letter/license granting permission can be written by you but it can be best to have a lawyer in your area draft it to make sure it can withstand a legal challenge.

Your neighbor may have no intention of claiming adverse possession and he may not even understand what adverse possession is. I suspect that is likely the case.

Good luck.
 

izzie02

Active Member
I would, if it were me, also put in letter that you are able to rescind offer at any time neighbor would have to relocate fence to proper boundary lines. What if neighbor sells house to someone who is a jerk. What if you sell and new owners want boundaries not questionable hindered by neighbors fence in your yard.

Added: After thinking on it I would say they need to move fence to proper boundary lines. What happens if something were to happen to you and whoever is taking care of things for you doesn't know about this agreement and has to deal with the mess it could make. I say you know it's a problem now, take care of it now and have them move the fence.
 
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quincy

Senior Member
... Added: After thinking on it I would say they need to move fence to proper boundary lines. What happens if something were to happen to you and whoever is taking care of things for you doesn't know about this agreement and has to deal with the mess it could make. I say you know it's a problem now, take care of it now and have them move the fence.
izzie02, regarding your late edit: Although having the neighbor remove/move the fence is certainly an option that would eliminate any possibility of an adverse possession claim, if Joe has no real objection to the current placement of the fence on his property, registering his property with the Massachusetts Land Court could/should be enough to thwart a later claim even without a letter of permission.

The only problem I see with a demand for removal or moving of the fence is that this might cause a rift in relations between Joe and his neighbor that might be hard to mend, even when it was the neighbor who created the need for the demand. It can be awfully unpleasant to live next door to a neighbor who doesn’t like you.
 
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JoeMil

New member
I agree Quincy.
What does "registering the property with Massachusetts Land Court " mean? Aren't all properties registered? How is it done?
 

quincy

Senior Member
I agree Quincy.
What does "registering the property with Massachusetts Land Court " mean? Aren't all properties registered? How is it done?
I am hoping Mass_Shyster can answer those questions for you. Registering with the Land Court may not be as good an idea for your purposes, or as easy, as I originally thought.

Although Land Court registration of your property should defeat a claim of adverse possession, it also requires the filing of a complaint.

A complaint is likely to make your neighbor even more upset with you than asking your neighbor nicely to move the fence off your property. :)

It seems that getting your neighbor to sign a letter of permission is probably best.
 
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