How do I settle a land dispute with my neighbor?

They have built a fish pond and claim the open land around it is their property to plant on. We disagree about the property line, they have planted items that are encroaching into my yard, along with the fish pond equipment. I want to put a fence up, they tell me I need to have a surveyor come before I can do that. However, I have an existing fence on the right and left sides of my property. I want to close in my yard with a fence attached to the existing fence post and along the property that is disputed. What is the best way to resolved this? We have been disagreeing for 2 years. They now say my fencing is wrong; I have lived there 25 years.

Asked on May 24, 2012 under Real Estate Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You will need to have a land survey before you can do anything becuase you need to show proof of the boundry lines (are they in the deed?).  If you think you have such proof then you will need to bring an action to quiet title and to have them remove those things that are encroaching as it is technically trespass.  If you do not own the land then you need to establish you do by adverse possession laws in your state, which may be difficult.  Good luck.


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