My fence at the rear of my property is 3' inside my property. I was told this about 6 years ago . A recent survey confirms this .

The neighbor claims this is his property and wants it deeded over to him to complete a buildable lot. My deed says its mine. HIS and my surveyor says its mine and his deed does not support the claim.

PROBLEM IS; We can't sell until its resolved.

WHAT DO I DO?

Its standard practice in every state and county in the US to locate a fence 1’ to 3’ inside your property line. This is so you can maintain it. Everyone knows that as do the courts. This guy heard of “adverse possession” some where and now wants to take claim to piece of your property. It sounds like he has an undersized lot. To claim adverse possession in most states you have to prove uninterrupted use for a period of 20 years among a host of other things. These cases usefully center on a driveway, excess to well or lake not strip of land set off so you can maintain a fence. If you want to lie down and give this guy a strip of your land then do it. I’d go talk to a Land Use lawyer no a real-estate lawyer but a land use lawyer and pay for the hour. This guy will have to go to land court and plead his case. If it was standard practice for someone to take a small strip of maintenance property from someone else on their side of a fence, everyone’s yard would be slowly narrowing down. If he wants to pay you for it and your comfortable with it then do that.

Hello

My advice is based on my experience here in New England where I own several large properties. It was highly recommended by the company that installed one of my fences that I keep it at least a foot on my property so I could maintain it without going onto someone else’s property. He told me that this was common practice. Moreover I have had to deal with folks trying to say that certain paths over my property that lead to several ponds are “easements by prescription” – they lost in court. At another property, I had a family try to take claim of an area that I let them park their cars on during the time that they were selling their house – adverse possession they claimed. I sold them the land in the end after they were told they had no legal grounds for the claim. Just advise that’s all

I am in Massachusettes . The property discussed above will effect my property to the point where i will need a variance from the town.


If he gets the property , his lot will be worth 140,000.00.

Either way i will have legal expences and a headache.


Am I wrong to offer to sell TO HIM for 10.86 per sq ft. provided i get the needed variance?

Hello

Rilly c brings up some good points in terms of time in, fees and what not. Relative costs apposed to area of land and so on. If you don’t need it sell it off if you really think that this guy has some right legitimate and legal to it However, I live in Massachusetts too and I would be very, very surprised if any lawyer, zoning agent i.e. Towns Building Inspector, Land Court, Superior Court or the likes would say this guy has any right to that 3’ strip of land at all. Moreover most towns / city zoning in Massachusetts clearly states that one cannot divide for set off portions of a nonconforming lot such that it becomes more nonconforming or take a conforming lot and make it nonconforming. The need for a variance means that you need to do something inconsistent with the current zoning. Now that I know that you live in Massachusetts and this guy is just saying it’s his tell him to forget it. I'd go back out there tonight and move the fence back 3’ and make him take you to court. I’d love to be there for that one.