True boundary line undisclosed at sale

[br*ce]

Massachusetts. While working on the driveway of a recently purchased house in Lee, Massachusetts, a neighbor stopped by to say the fence and half of the driveway were on their property. The fence appeared to be the defacto dividing line between the properties and the house's driveway has been in use with the house for many years. The seller never mentioned they did not have title to half the driveway.

 

[seniorjudge]

Massachusetts. While working on the driveway of a recently purchased house in Lee, Massachusetts, a neighbor stopped by to say the fence and half of the driveway were on their property. The fence appeared to be the defacto dividing line between the properties and the house's driveway has been in use with the house for many years. The seller never mentioned they did not have title to half the driveway.

Get a survey. If it matches the legal description on your deed, then you knew the true boundaries (so says the law).

 

[justalayman]

Get a survey. If it matches the legal description on your deed, then you knew the true boundaries (so says the law).

so sayeth the lawyers

The fence appeared to be the defacto dividing line

I'll bet you like magic shows. I know I do. In them, just like with property, not everything is as it appears.

If you had a survey prior to purchase (even a mortgage survey should have shown this), this would have been disclosed to you. The sellers may not have been aware of the situation and could not have disclosed it to you. The neighbor may also be wrong and is simply trying to reclaim property he believes to be his.

so as they say on that TV show,,,,,,,,,,,,,,,,,,,,,,,"and the survey says!!". Oh, that's right. You don't have one. Go get one so you klnow where you stand, and where you can stand

You may be able to continue usage based on a prescriptive easement claim but specifics are required and ultimately the courts get to decide the results.

 

[br*ce]

What if

Mass. What if the driveway has been in continuous use by the house for years, perhaps more then a decade?

 

[justalayman]

Mass. What if the driveway has been in continuous use by the house for years, perhaps more then a decade?

Depending on the actual true time frame the prescriptive easement thing may apply.

But:

Massachusetts: In Massachusetts, the period of adverse use must be at least twenty (20) years. The owner of the servient estate may prevent prescriptive easement by posting a conspicuous notice on the real estate claimed as an easement which states the owner’s intent to prevent an acquisition of an easement. Massachusetts C. 187, §2-3.

Get a survey. Everything is meaningless unless you know where the line actually is.

 

[br*ce]

the survey says

Mass. Suppose the survey says the neighbor owns the land, but the house next door has been using the driveway for a decade?

 

[seniorjudge]

Mass. Suppose the survey says the neighbor owns the land, but the house next door has been using the driveway for a decade?

What if there's a nuclear war in the next ten minutes?

Come back when you have facts.


We're horrible here on hypo questions.

 

[br*ce]

the facts

Those are the facts ignore the suppose.
Survey says neighbor owns land.
House next door has had continous use for a decade.

 

[justalayman]

Those are the facts ignore the suppose.
Survey says neighbor owns land.
House next door has had continous use for a decade.

Then it is the neighbors land and has every legal right to have you remove the encroachments.

He can allow continued use without fear of a prescriptive easement or adverse possession. This should be drawn up by an attorney so it does protect the rights of the true owner.