As a Massachusetts property owner, you should learn about your legal options for resolving land disputes. Land disputes can affect many aspects of your property and could substantially affect your property values or enjoyment of your land. Daigle Law Office helps property owners confronting land disputes reach the best results possible. Read on to learn more about the different types of land disputes and the various options available for resolving them.
Common Types of Land Disputes
Typical land disputes that we handle include easements, boundary disputes, and adverse possession. An easement is the legal right to use someone else’s property for a defined purpose. For example, to access your garage, you may need to drive up part of your neighbor’s driveway because your house doesn’t have a separate driveway access to the street. Formal easements are typically part of the paperwork handled when you purchase property. For example, you may need to negotiate an easement with a neighbor or clarify the extent of an easement in a legal document. However, disputes often arise when a neighbor permits another neighbor to access land informally. For example, your previous neighbor allows you to access their driveway without a formal agreement, but that neighbor moves. In that case, you may run into a conflict with the new neighbor about driveway access.
Boundary disputes often arise when a neighbor believes that you are using part of their property. For example, you may build a new fence that you believe is on your property. However, your neighbor obtains a survey saying the fence is on their property and tells you that you must tear down the fence.
Adverse possession means that someone is openly occupying a property owner’s land without the owner’s consent. The law allows the adverse possessor to try to claim land ownership after a specific period has passed. Adverse possession disputes often arise when a boundary issue goes unnoticed for a long time, or when squatters occupy property.
Land Dispute Resolution
At Daigle Law Office, we see two typical kinds of land dispute resolution: a calm discussion between neighbors working towards a resolution, and a difficult battle often involving the courts between uncompromising sides. We urge you to seek legal advice about your land dispute so we can attempt a calm and reasonable resolution. There are many strategies we suggest to our clients and help them implement, such as clear and direct communication, gathering documentation and evidence to support their case, and focusing on mutual interests among neighbors. We encourage our clients to be open to creative solutions.
If all else fails, courts can decide land disputes. There is a wealth of case law going back hundreds of years regarding how to decide easement, boundary, and adverse possession disputes. As such, it’s important to obtain legal representation to clarify the best tactics for bringing a case in court or defending it. Please reach out to Daigle Law Office to speak with our team about your Massachusetts land dispute.
Frequently Asked Questions
My neighbor won’t talk to me about granting an easement so I can access my new back gate. What can I do?
First, we strongly suggest getting permission for an easement in writing before you begin construction. If you’ve already built the gate and your neighbor hasn’t responded, it’s best to consult a land dispute attorney. Your attorney can make a more formal request to the property owner and attempt to negotiate an easement.
Construction workers showed up to build a fence for my neighbor – on my side of the property line! Can you help?
Please call us immediately so we can evaluate your case. If you have any survey records of your property, send them our way. If not, we will likely need to get a survey as soon as possible. Notify your neighbor that you believe the fence is on your property and ask them to hold off on construction until you can get an accurate survey.
Land Dispute Lawyers You Can Trust
Are you looking for a dependable, experienced lawyer who can assist with a land dispute? Daigle Law Office’s attorneys offer experienced Massachusetts legal advice. Our office understands that you are dealing with difficult circumstances and need straightforward solutions. We help clients dealing with neighbor disputes, adverse possession, and other conflicts who need solid, reliable legal advice. To schedule a consultation, call 508-771-7444 or use our convenient Contact Form.
