My house has a very small corner of it that sits on town property. It has been there continuously for over 100 years. Does prescriptive easement apply in the case of town property? I want to sell the house and the prospective buyer is concerned about this possible encroachment. Should she be?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Adverse possession of town land
Generally, one cannot obtain title to land owned by a government entity by adverse possession. So, yes, it could be an issue if your property encroaches.