Posted on: 03rd Jun, 2010 07:11 am
I live in Massachusetts.
My neighbor built a large play house for his children on the rock wall that runs across the back of our lots - about 15 years ago. Recently i measured the lot line and discovered that half of the play house is on my side of the property line - approximately 10 ft. The play house also extends into the state park behind us.
Will my neighbor have a claim of adverse posession after 20 years ? - can i prevent him from establishing a claim by leasing the land under the playhouse - or do i have to put him on notice to remove it in order to protect my property rights ? I would prefer not to force the removal of the house until his kids are older - but do not want to have a problem if one of us sells their house.
My neighbor built a large play house for his children on the rock wall that runs across the back of our lots - about 15 years ago. Recently i measured the lot line and discovered that half of the play house is on my side of the property line - approximately 10 ft. The play house also extends into the state park behind us.
Will my neighbor have a claim of adverse posession after 20 years ? - can i prevent him from establishing a claim by leasing the land under the playhouse - or do i have to put him on notice to remove it in order to protect my property rights ? I would prefer not to force the removal of the house until his kids are older - but do not want to have a problem if one of us sells their house.
Hi DICK!
Welcome to forums!
As far as I know, in order to claim an adverse possession, your neighbor will have to pay the taxes for that part and also maintain it. I don't think he has done so. So, as per my understanding, he will not be able to claim ownership of the property. Nevertheless, I would suggest you to contact your attorney and take his opinion regarding your state laws in this matter.
For further information regarding adverse possession, check out the given page:
http://www.mortgagefit.com/adverse-possession.html
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
As far as I know, in order to claim an adverse possession, your neighbor will have to pay the taxes for that part and also maintain it. I don't think he has done so. So, as per my understanding, he will not be able to claim ownership of the property. Nevertheless, I would suggest you to contact your attorney and take his opinion regarding your state laws in this matter.
For further information regarding adverse possession, check out the given page:
http://www.mortgagefit.com/adverse-possession.html
Feel free to ask if you've further queries.
Sussane