Submitted by Anonymous on Mon, 03/29/2010 - 16:32
Posted in
Does adverse possession in MA require continuity of ownership for either/both properties/owners?
For example, for 20 years the owners of property A used land on property B (e.g. for a permanent shed) without permission, but during that 20 years there have been multiple owners of property A and multiple owners of property B (but the encroachment was on going across all owners).
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Editor's Response
Successive owners of the "encroaching" parcel, property A in your example, can combine their time of ownership to reach the 20 year threshold. This is know as tacking. It does not matter how many owners were involved on the other side of the fence (property B), as long as the elements of an adverse possession claim have been met.
Clearly, before taking any action or attempting to file an action to quiet title, you should talk to a MA Real Estate Attorney and discuss the specifics of your situation.