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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33708
Experience:  15 years real estate, Realtor. Landlord 26 years
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My driveway is an encroach ment on a .17 acre lot that is

Customer Question

My driveway is an encroach ment on a .17 acre lot that is owned buy the town. it is to auctioned 9/1/15 how do i protect my driveway.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Can you tell me how long your driveway has been encroaching?

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thanks

Barrister

Customer: replied 1 year ago.
25 plus years
Customer: replied 1 year ago.
my cell phone is(###) ###-####
Customer: replied 1 year ago.
the town has owned the vacant lot since 1969 and don nothing with it
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Barrister replied 1 year ago.

Ok, I am sorry for the delay, but it takes a little time to look up statutes, read them, interpret them, and then type out a thorough and complete response.

If the new owner tries to eject you from the property, you can file a "Quiet title" action against them and seek actual ownership, or at least an easement to continue using the property, under the legal doctrine of "adverse possession". This is a doctrine that allows a trespasser to gain property rights and even ownership of land they are trespassing on if they use it long enough. In Massachusetts the period of time for adverse possession must be at least twenty (20) years.

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So it would appear that if you have used it for 25 years, you can claim continued rights to use it if the new owner tried to eject you.

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thanks

Barrister

Customer: replied 1 year ago.
what i have only been owner for last three but neighbores can verifie driveway has always been there
the other thing is the auction only starts at 300 and can i file this even after auction my best bet it to just try and buy it but not in a finacial posessition to got bidding war.
Expert:  Barrister replied 1 year ago.

That doesn't matter. Under the legal doctrine of "tacking" you can add on any previous owner's use and possession to your own to reach that 20 year statutory limit.

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And yes, you could still file the quiet title suit if you weren't the high bidder and the new owner tried to eject you.

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thanks

Barrister

Customer: replied 1 year ago.
where do i get this paperwork to fill out and and who in town would i bring it to or am i best to bring it as a tool on day of auction
Expert:  Barrister replied 1 year ago.

I don't think I have made it clear quite what this is so let me explain... This is an actual lawsuit that you would need a local lawyer representing you to file on your behalf against the new owner of the property. In that lawsuit you would claim and present proof that the driveway has been there at least 20 years through your use and possession along with any previous owners. The neighbor likely wouldn't be able to put up much of a defense because they will have just recently become owner.

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Then the judge should issue an order awarding you either legal ownership of that land that you are encroaching on or at the very least an easement to continue to use it.

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But there aren't any "templates" to fill out, it is a full blown lawsuit....

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thanks

Barrister

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