I just bought and moved into my home 8 months ago. My next door neighbor decided to remove his fence last month because it was old and falling over. There is a retaining wall on my property that the fence was butted up against. My neighbor approached me about taking out some bushes and shrubs that were overgrown and wild on both his and my property. He also wanted to plant a line of small pine trees on my property so we could both get some privacy.
The retaining wall is in bad shape, so I told him I would look into getting it rebuild before we did anything. All the brush has been cleared and the fence has been removed. I told him if I did rebuild the wall, it would be on the property line. I had a surveyor come out, and it turns out his fence was anywhere between 1 and 4 feet on my property the whole way down the property line.
He is now complaining about me building the wall on the property line because he does not want to lose the land or have the wall be closer to his house than it now is. He has been on this property since 1984. Can he claim adverse possession or prescriptive easement? Does his 20+ years still count even though I just bought the house recently?
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Editor's Response
Yes. Follow this link to a thread about adverse possession in Massachusetts. In General, it doesn't really matter how long you have owned your land. The key issue is how long the neighbor and/or his successors adversely possessed the land.