Property line disputes are a common source of conflict between neighbors in Massachusetts, particularly when fences, driveways, sheds, or landscaping encroach across boundary lines. One legal doctrine that often arises in these disputes is adverse possession, which can result in a transfer of ownership without a traditional sale or deed.
What Is Adverse Possession?
Under Massachusetts law, a person may acquire legal title to another’s property through adverse possession if they can prove actual, open, notorious, exclusive, and adverse use of the land for at least 20 years. Each of these elements must be satisfied, and the burden of proof rests with the party claiming ownership.
Importantly, adverse possession does not require bad faith. In many cases, the dispute arises from long-standing mistakes about boundary lines rather than intentional encroachment.
What Are Common Scenarios Leading to Adverse Possession Disputes?
Adverse possession claims frequently arise in situations involving:
- Fences or walls placed beyond the true property line
- Driveways or parking areas used by a neighboring property for decades
- Sheds, garages, or other structures built partially on adjoining land
- Lawns, gardens, or landscaping maintained by a neighbor over many years
- A property owner seeks to put an addition onto their existing home and has an instrument survey performed in order to comply with Zoning requirements and finds that the true property line is now where everyone that it as located.
Because these uses often go unchallenged for long periods, property owners may be surprised to learn that their rights could be at risk.
Why Surveys and Timely Action Matter
Having a professional land survey perform an instrument survey is often a critical first step in identifying potential boundary issues. Once a property owner becomes aware of a possible encroachment, prompt action is essential. Allowing a neighbor’s use to continue unchallenged may strengthen a future adverse possession claim.
Options may include asserting ownership rights in writing, granting a revocable license, negotiating a boundary agreement, granting an easement, or, when necessary, pursuing legal action.
Litigation and Resolution
Adverse possession and property line disputes are highly fact-specific. Courts closely examine the history of land use, the nature of possession, and whether the true owner took steps to protect their rights. In many cases, disputes can be resolved through negotiation or mediation, avoiding the cost and uncertainty of litigation.
How We Can Help
The Attorneys at Goldman & Pease, LLC regularly advise property owners, buyers, and sellers on boundary disputes, adverse possession claims, easements, and related real estate litigation. Whether you are concerned about a potential encroachment or defending against an adverse possession claim, the Attorneys at Goldman & Pease, LLC can help protect your property interests.
