I bought a house in 2009 in another town as an investment. The neighbor, who has owned his house for many years, was friendly and mentioned he "plows everyone out in the winter" as it's a culdesac with the houses accessed by a right of way off the city street. It's great that he plows it.
I noticed he parks one of his cars or trucks partially in front of my house, partially on my paved right of way, but I thought that was fine as it was a nice exchange of neighborliness. And so I inform tenants when they rent my property that it's okay for the neighbor to park there and that he plows in the winter. There is plenty of space for my tenants to park.
When my neighbor parked a large boat on my grass very close to the side of my house, I told him he was blocking my first floor tenant's view and asked him to move it. The next time I went there, I saw that he had not moved it.
Recently I went to the property and saw that he had paved (or put asphalt) on some of my land - the grass lawn part! he was extending the width of his driveway.
I'm sure he is well aware of the property lines. A developer is building a school behind both of our properties and had surveyed the area so this public record may help me to document the property lines, if necessary, without my having to pay to hire a surveyor.
I am dismayed about the prospect of a hostile relationship with the neighbor but I feel I must do something to protect my rights to this land and to prevent further encroachment.
Should I send a certified letter to him to say I am dismayed that he has paved some of my land. Should I ask him to remove the asphalt?
Should I give him a deadline and say that I will take legal action if he does not remove it by a certain date?
I may have to put up a fence on that side of the house but it would seem nicer to put it on the original grass sideyard rather than on top of a section of asphalt.....
Thanks for any advice you can offer.
Trespassing Neighbor
Yes, I would send the letter you describe. Neighborly relations are nice, as is having your
driveway plowed, but you need to protect your property rights. Some people in your situation are comfortable giving written permission to the encroaching party to use the land (to avoid adverse possession claims), but your seem to want to use the property in question for yourself and your tenants. If he will not move his boat and pavement on his own, you must compel him to do so. If he ignores the letter, you should contact a local MA attorney to assist you with evicting the gentleman from your property. Good luck.