Submitted by frustratedinma on Fri, 06/26/2009 - 19:37
Posted in
I have been using a 15x50 section of my neighbors property as my own for 8 years. I placed a fence on the piece of property 7 years ago and he never objected, nor did he give permission. He has never set foot on the property and I have used it and maintained it as did the previous owners of my house. He now wants to put a driveway on this piece of land. I believe I meet all the criteria for adverse possession but in total, the property has only been used by myself and the previous owner for a total of 17 years. Do I have a case for adverse possession or does it absolutely have to be used for 20 years?
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Editor's Response
You and the previous owner must have used the land openly and without permission for a full 20 years to claim adverse possession in Massachusetts. Generally, under Massachusetts law, the person claiming adverse possession must be able to show that:
1) He was the exclusive possessor of the land and actually entered upon it and used it;
2) His possession was open and notorious (visible to the owner).
3) His use of the land was appropriate to the type, size and use of the land;
4) His possession was adverse to the owner's claim. (In other words, he did not have the owner's permission); and
5) His possession was continuous for 20 years. So, for example, if you used your neighbors land every summer to go camping for 2 weeks, that is not a 'continuous' use.
For more information or to post a question, visit our MA Real Estate Law Discussion Forum.
Adverse Possession
Does the claim of adverse possesion need to be made before the neighbor attempts to use the disputed property or could one wait until the attempt to use the land for the driveway is made?
Editor's Response
While the person claiming the land should certainly bring the quiet title action as soon as he or she is able, as long as all the other elements are in place (continuous, open and adverse use for 20 years) it does not matter if the quiet title action is brought before or after the 'old' owner attempts to use the land. The party that files the complaint is asking the court to proclaim them the rightful owner of the land. I should note that quiet title actions can be expensive.