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The Highlighted is Not true at all.. Just and Old wives Tale.. You dont own someone elses land because you want to or because you mow it.. However you could be considered tresspassing and could be found guilty of numerous other illegal acts for attempting to use or control land owned by others.. YES get a plot of survey done.. First impressions are lasting impressions be nice ..
In the Commonwealth of MA it most certainly is the law and has been since Common Law days.
Why not? I am so happy we have a fence. I didn't know areas didn't put them in.
If a fence just will not work how about a paver stone pathway. You outline the yards with the paverstones to show what is yours.
Maybe a tall fence is out of the question. What about a shorter fence? you can get some short fence sections at Lowe's and Home Depot. We have thought of getting vinyl fencing for the front yard at 42" height.
The Highlighted is Not true at all.. Just and Old wives Tale.. You dont own someone elses land because you want to or because you mow it.. However you could be considered tresspassing and could be found guilty of numerous other illegal acts for attempting to use or control land owned by others.. YES get a plot of survey done.. First impressions are lasting impressions be nice ..
Quote:
Originally Posted by arwenmark
In the Commonwealth of MA it most certainly is the law and has been since Common Law days.
I'm going through a similar situation right now. Call your borough and talk to to building inspector. If you have the survey in the paperwork when you bought the house in Nov., you can call the surveying company and they'll re-survey at a low rate. (or so I've been told)
I'm 10 years in to this house and I'm unable to locate the original surveyor, but I'm going to call companies to see if they'll re-survey according to the survey I have at a lower rate.
Good luck!
Another forum helped me with my problem and they were all great people and full of useful information for me.
Such a bogus law IMO. If I was to buy a piece of land in another state with plans of development (of whatever sort) in 5 -10 years, but I didn't fly out there often enough to know what might be going on (who knows someone may have set up a camper and decided to squat). And they get my property??? I bought it. I paid for it. I paid all the taxes etc. My reasons for delaying development are no one else's business. Maybe I bought it because I figured the land value would increase over time.
I think if I were ever to do this, I would hire someone to take a visual inspection at least every month and advise me if the property need my attention for any reason.
I would have a survey done. Then you'll know for sure where your property lines are before talking to your neighbor.
Of course, the neighbor will notice the corner markers if they end up in what she is using/taking care of...if they do end up there, go have a polite conversation (or they will come to you if they think it's their land). Do you plan on actually using the land or just want to make sure everyone knows who it belongs to? If it's the latter, the survey should be enough.
This could be my post. And I'm reminded of it once again as mowing season is upon us.
So I've been through a while with this situation. And sometimes other places we have lived.
It doesn't get better miraculously. Cut to the chase now and get a survey if there wasn't one required when you purchased. If you had a survey but didn't opt for the cost of stakes....get the stakes. That official survey can help against some of the anxiety. (I'd put an indicator around the stakes like flourescent paint or something in case someone decides to remove the stakes.)
Now is a non-confrontational excuse for a survey. You just moved in. Snow just melted. You want to know what's what. If anyone asks. And tell everyone this with a smile because you never know who will carry it back to your neighbor. Don't tell the former owner yet, or they may prepare your neighbor who will then be more upset.
When it is found your neighbor is in error, approach her nicely. Have a copy of the survey...make lots of copies for future reference and put the original in a safe place...and show the neighbor. It may be she was told by a former neighbor incorrectly where the line was. It may be when she moved in there was already a garden in the wrong spot and she assumed it was her yard. It may be the people who used to own your house let her plant in the sunniest spot in their yard since they weren't using it (although they should have let you know this).
If she disagrees, she'll need to get her own survey. Tell her you'll wait till such and such a date...not too long...and then she'll need to get her plantings.
All that said....if there is some way your neighbor actually owns that part of what your seller said would be yours, if the home listing was misrepresented.....you can start another topic on that.
Keep us updated.
Cully seems to have some great advice. No matter what, keep everything as friendly and non-confrontational as possible. I would also consult with a lawyer about land-use laws. This will all add up to some serious cash, but a land dispute is far, FAR more expensive. Not to mention you have to live next to these people and usually people being sued don't make great neighbors. The best way might be to get a survey and have everyone lined out on whose property is whose, while also allowing the neighbor to continue using that portion of your yard for a set amount of time (this is where the lawyer comes in. if adverse possession is a possibility, I'm sure the lawyer will have a way around this, such as leasing the area for $1 or something). Above all else, be saint-like in all appearances and "gossip." Play to your neighbors with an "we're all in this together" attitude and they will be more likely to be understanding about their mistake.
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