Real Estate Law
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Hi and welcome to JA. I am Ray and will be assisting you tonight.
You did the right thing here by taking down the fence.You also need to make use of the land here putting something on it and making use of it.The neighbor here would have to file a suit to quiet tithe and have to prove under MA law here that they qualify for adverse possession.
if he has not filed yet is it too late since I am using it now?
Remember he has the burden here to show he continuously made use of the property and you may dispute this.By taking down the fence and making use of it you interrupt his claim
The longer he waits the better for you.This gives you the secondary argument that he has not continuously used it since you took down the fence and made use of it.
Take some pics of it after you place something on it.It can be anything a vehicle, bench, whatever that shows you using it .
Maybe a picnic with some pics or a get together.
he was in continuous use of the land until I purchased it and took the fence down. he has not been on it except to take down my no tresspassing signs
It is very possible he was close and cannot prove up the elements.
If he comes on the property after you put them up call the police and claim he is trespassing.
By doing this you are reasserting your claim and interrupting his.
I already reported to the police that I may call them if he tresspasses on it
Thats the best you can do and hope he goes away and leaves you alone.
lol I am hoping
Thats a good idea he has no legal right to be on the land especially if it is posted.
is there anything I can file for this?
And have a good time using it and taking some pics.Maybe a family get together.
No just document your use by pics and witnesses at the get together.
I am not at all convinced that he can prove this up and likely he goes away.
I wish you the best here.Thanks for letting me help you.If you can leave a positive rating it is always appreciated.
Have a great weekend.
he ownes another 21 acres around it... His father and mine had an agreement that the fence would be moved at some point. A gentlemans agreement, nothing written
Well you have tried to reclaim it and end any chance he has a winnable claim.Sounds like he was caught trying to take it over time.
You have the right issue here to try and put a stop to that.Good luck to you.
Just in case you need a lawyer here locally.
Thanks again for letting me help you tonight.