The street on which we own property is at the base of a hill. A building was constructed next to us, also at the base of this hill. He constructed wall on the land of three abutters. The current owner is demanding that the abutters repair this wall (to the cost of many hundred thousand dollars. Our building was constructed in 1960. His building and the wall were constructed in the early 70's. There is no evidence of a lien being granted by any abutter for construction of this wall. What's the liability here? How do we get ownership and liability for the wall back to the owner who built it? If the building has been sold can the current owner to be required to repair the wall built and used solely for the protection of his building? Any other questions I should have asked but didn't?
Submitted by njtg on Thu, 05/12/2011 - 11:27
Posted in
Adverse posession in MA
Sorry, I don't follow your question. If the wall has been sitting on the land of another for the required number of years, the person who built the wall, or his successor in interest, may have a valid claim to the land under the wall by adverse possession. In that case, he or she could commence a quiet title action in the appropriate court to claim the land. He cannot require an abutter to fix the wall. His position is either that the wall is his (so he must fix it) or the wall is yours, and you can decide if you want to fix it or not. If the wall is necessary to some purpose, such as a retaining wall that protects your land, then you will have to pay to have it fixed.