Submitted by Anonymous on Thu, 09/30/2010 - 08:21
Posted in
A neighbor behind us is having a dispute about where the lot line is. He says part of our shed is on his land and he wants us to move it. He says he is taking us to court if we dont. So his surveyor put up these survey stakes with bright orange paint on them and they are now sticking up out of my lawn and look like hell. Can I take them out? Also, his surveyor was walking around on my land, even beyond the line where the neighbor says his lot line is, so is that a trespass that I can sue him for?
Editor's Response
You haven't mentioned whether you think you have a claim for adverse possession, but even if you believe you do, and even if you believe the neighbor is wrong about the lot line, it is against the law in Massachusetts to remove survey stakes. See Massachusetts General Laws Chapter 266, Section 94. Also under Massachusetts law, your neighbor's surveyor is allowed to enter upon your land, with reasonable notice, for purposes of completing a survey. (Massachusetts General Laws Chapter 266, Section 120C) However, even if you did not get reasonable notice, I hardly think this issues should be the focus of your attention.
If you disagree with the survey, you should consult with a different surveyor to try to establish the lot line. If your shed is in fact on your neighbor's property, and you do not have a claim for adverse possession, then you should think about moving the shed before your neighbor takes legal action against you.