Many New England property owners, especially those who own commercial or residential property in and around the Greater Boston Area, will find that their property lines and boundaries were drawn many years ago — sometimes hundreds of years ago. For that reason, their boundary lines may not be clearly marked on the land itself or on their very old subdivision map, survey, or plot plan. When Massachusetts property lines and boundaries are not clear, confusion can create a point of dispute between neighbors.
Table of Contents:
- Types of Boundary Line Disputes
- What to Do About Property Line Disputes
- What Are Grandfathered Property Lines?
- How to Avoid Boundary Line Disputes
- What Are the Next Steps?
- What Can a Lawyer Do for You?
- Taking Boundary Line Legal Action
- Find Legal Help
Types of Boundary Line Disputes
Some common boundary disputes involve:
- A neighbor tries to build a fence, repair an existing fence, or remove an existing fence that is on your property.
- A neighbor seeks to plant trees or bushes in an area that they believe is their property when in fact, that area of land is your property.
- Trees or bushes growing on your neighbor’s property become overgrown and begin to encroach upon your land, causing damage to your house or other buildings and structures — including a fence, railing, or walkway.
- A neighbor seeks to construct an addition to their house but the planned addition is too large for their lot, the end result would be the addition is located too close to your boundary line in violation of local zoning regulations. As a neighbor, or an “abutter,” you have the ability to file a challenge with the zoning board to stop this type of infringement upon your property.
- A neighbor starts using sections of your property under the mistaken belief that it is their property.
- A neighbor blocks your access to your land due to a dispute over that section of land. For example, your neighbor parks their car in such a way as to block your driveway.
Property Line Disputes in Massachusetts
If you come across a boundary line dispute, the first step is to determine your exact property boundaries. This is a crucial step because many owners may not know the correct location of the property line due to physical structures, such as if your neighbor’s fence is on your property. What you may informally consider the perimeters of your property may actually be different.
You can determine your property boundaries with a plot plan or survey — prepared by a licensed surveyor. The surveyor will review your property’s land records and give you the property’s exact boundaries.
While this can help resolve many Massachusetts property line disputes, it’s not always the last step for properly determining land boundaries. These disputes often turn into court cases. If you find yourself in this position, it’s a good idea to speak with an attorney to advise you of your rights and help you with how to proceed with other property line disputes.
Massachusetts has a Land Court that specializes in property cases, such as boundary and fence disputes, which can be tricky to file and could lead to the loss of your property rights. You can find a legal resolution with an experienced Massachusetts real estate attorney, such as the professionals at Calabrese Law Associates.
What Are Grandfathered Property Lines?
In many property disputes, “grandfathered rights” come into play. Though this is not a legal term, it’s a phrase used to describe non-conforming use. During a dispute, you will have property rights through grandfathered property lines as long as something on your property, such as your driveway, was properly built and in compliance with the prior municipal codes when it was constructed. Suppose your current home has a garden shed in the backyard that was built long before you moved into the house, or when municipal codes differed; grandfathered property lines may come into effect.
If your neighbor or another owner claims that the shed is too close to their yard or coming onto their property line, you may not have to relocate, upgrade or tear it down. This is because your shed has been grandfathered in on the property — it was built before certain construction standards, ordinances, building codes, or by-laws were in place.
If your shed is deemed safe due to grandfathered property lines, you may not have to do anything to it to make it meet the current requirements. However, if you add to your shed or renovate it in any way, these new additions will need to meet the current codes and requirements. Keep in mind that you may only be exempt from the current Massachusetts boundary law’s violation if your shed, in this circumstance, was already existing before the present-day law’s effective date.
How to Avoid Boundary Line Disputes
As outlined above, confusion as to the location of one’s property line can cause tension between neighbors and differences of opinion that can lead to legal disputes and possibly litigation. In Boston and throughout Massachusetts, property line and boundary disputes are commonplace. You can attempt to avoid and mitigate these types of disputes with the following actions:
1. Communicate
Speak with your neighbor openly about the dispute immediately. It is easier to address a boundary dispute if the encroachment is addressed soon after the encroachment occurs for the first time. This approach is a good first step because the less your neighbors get used to — or otherwise accustomed — to encroaching upon your land, the easier it will be to stop that conduct.
During these discussions, you can show your neighbor your tax map, assessor’s map, deed description, subdivision map, or other descriptive documents to help explain where the boundary lines are located.
2. Contact a Lawyer
If discussion with your neighbor is not effective or not an option, contact the experienced Massachusetts property line dispute attorneys at Calabrese Law Associates soon after the encroachment upon your property occurs. The firm’s lawyers will contact your neighbor and seek to resolve the matter through negotiations.
Our firm can even prepare a “boundary line agreement” that can be recorded at the registry — this is a useful tool when boundary line disputes arise. If negotiations fail, our real estate lawyers can initiate a legal proceeding, asking a Massachusetts court to stop your neighbor from encroaching upon your land and to pay for any damages caused to your property.
What Should You Do if There Is a Boundary Line Dispute?
If you and a neighbor disagree over the location of your property boundary lines, it’s important to take action quickly. Being lax about boundary disputes can mean you lose the right to certain sections of your land — that is, loss of land by adverse possession. Adverse possession allows someone who is technically trespassing on a property to claim possession of it. For example, if a neighbor builds a fence that is just over the boundary of their property, and you don’t ask them to take it down or move it, they can claim ownership of the land on their side of the fence, even if it previously belonged to you.
In addition, the longer the conflict continues, the more animosity may build between you and a neighbor, which complicates the situation further.
It is best to resolve these issues as quickly and as amicably as possible. One way to do this is simply to look at official documents — such as deeds — to determine exactly where one property ends and another begins. If this does not resolve the disagreement, it can be useful to contact an attorney or a mediator. They can attempt to resolve the issue by presenting evidence or by trying to get both parties to reach an acceptable compromise.
In many cases, property owners try to prevent legal disputes to avoid aggravating neighbors. However, in some cases, it may be important to consult a property line dispute attorney in Boston to protect your property and its boundary lines. The boundary line dispute attorneys at Calabrese Law Associates can review the documents in the case and can help you determine where boundary lines exist based on the legal description of your property. Our firm’s attorneys can help you resolve a property line dispute in the calmest and most advantageous way possible.
What Can a Lawyer Do for You?
Although there are instances when you can resolve a property or boundary line dispute with your neighbors on your own, in some cases, you’ll need to enlist the help of a real estate lawyer. A property line dispute attorney can act as a mediator between you and your neighbors, easing communication between the two of you, or communicating exclusively with the lawyers your neighbor hires.
Your attorney can also advise you of your rights under the law. For example, if the property dispute has been ongoing or if your neighbor does have the right to adverse possession, your attorney can explain what that means for you. Alternatively, if you are the one taking adverse possession of a neighbor’s property, your lawyer can perform research to verify that you have a claim to the land in question. They can create an argument that demonstrates how you’ve been caring for the land in question.
Depending on the situation, your attorney can send your neighbor a cease-and-desist letter or advise you of the steps to take for pursuing legal action. In a cease-and-desist letter, also called a demand letter, the attorney will outline the circumstances to the neighbor. The letter might ask them to stop using the property or outline another option for settling the issue. For example, the letter might suggest sharing the property with the neighbor or creating an arrangement for its use that works for both parties.
If the demand letter doesn’t resolve the issue or isn’t the right course of action to take, your attorney can recommend that you and your neighbor try mediation, working with a neutral third party, to resolve the dispute. In some cases, mediation is sufficient for solving the problem. You and your neighbor can work together to come up with a solution that works without having to go to court.
Taking Boundary Line Legal Action
If there’s no other option, your Massachusetts property line dispute attorney may advise you to pursue legal action. There are three common avenues available in property and boundary line dispute cases:
1. Pursue a Claim for Trespass
Trespass cases are heard before a Massachusetts state court judge, and the plaintiff (you) must allege and prove the following to win such a case:
- You have a right to “possess” the property in question. You need not be the property owner. A tenant can maintain an action for trespass against those who illegally enter upon their rented property.
- The wrongdoer must enter upon the property in question intentionally.
- The wrongdoer’s entry upon the property in question must be done without right or license.
2. Pursue a Declaratory Judgment
In this situation, you are asking a Massachusetts state court judge to determine who owns the land in question. No monetary damages are awarded for this type of claim.
3. Pursue an Injunction
An action for an injunction is one where the plaintiff asks the court for an order commanding the wrongdoer to perform an affirmative act or to stop performing some act. For example, a party can seek an injunction asking a Massachusetts court to order a neighbor to stop encroaching upon your property.
In order to be granted an injunction, you must demonstrate the following to the court:
- A likelihood of success on the merits of your claims
- Immediate and irreparable injury if the injunction is not allowed
- The balance of harm tip in favor of granting the injunction
- Public policy favors granting the injunction — this is a requirement in Massachusetts Federal Court
Contact Calabrese Law Associates
You want to protect your property while preserving the relationship you have with your neighbors. If you own property in the Greater Boston Area and are involved in a property line and boundary dispute, you need a legal team that understands the Massachusetts boundary laws and that can help you settle the issue with minimal damage to your neighbor relationships.
The experienced real estate attorneys at Calabrese Law Associates understand the intricacies of property line disputes in Massachusetts. We’ll work for you, negotiating on your behalf or taking other legal actions as necessary. Schedule a free consultation today to discuss your case and your available options.
Our offices are conveniently located in downtown Boston across the street from the Old State House and in Burlington, Massachusetts off I95 near the Burlington Mall.
While Calabrese Law Associates does offer legal help for landlord-tenant disputes, it is extremely rare that we take on these cases. Only about 1% of tenant-related cases and 10% of landlord-related cases will be considered by our law firm.
*This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.
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