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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Real Estate Law
Satisfied Customers: 3303
Experience:  30 years of experience.
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After surveying our land, it was determined that a shed the

Customer Question

after surveying our land, it was determined that a shed the abutting neighbor built 15 years is within 10 feet of our property line.The town guidelines say that 10 ft. is the closest a building can come to the adjacent property. Do we have any recourse at this point ?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Gerald-Esquire replied 6 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Legally, you have the right to pursue this matter and seek removal of the encroachment to your property. See this article for a detailed discussion of the Massachusetts's case law pertaining to encroachments.

http://lawyerslegalresearch.com/when-will-a-court-order-that-an-encroachment-on-adjacent-property-be-removed/

BUT -- unless there is a significant reason why this shed needs to be moved you are probably better off (financially and for neighbor relations) to let the issue alone.

Because of how long the shed has been sitting where it is there are certain legal defenses that your neighbor will have if you sue to have him move the shed. So even if you bring the action it is not 100% certain that you will succeed.

Plus these types of encroachment enforcement suits are time consuming and expensive. So you want to weigh the costs in time, energy and money before bringing the action.

If you decide that you want to move forward please meet with a local real estate attorney first to get an assessment of your case and an estimate of costs. Most attorneys who do this work will meet with you at little cost to assess your case.

http://lawyers.findlaw.com/lawyer/practicestate/real-estate-law/massachusetts

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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