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I recently purchased property 2 lots, Lot a has a house on

it lot b is fenced...
I recently purchased property 2 lots, Lot a has a house on it lot b is fenced in by the neighbor farmer. since I bought the parcels I have taken down the fence and started to mow the lawn there. Upon closing the real estate transaction a title search was done and nothing showed. The farmer now says he is going to take the property by adverse possession because he has been using it for 20 years. Doesn't he need to file for adverse possession before I start using/maintaining the landin order to claim it?
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Answered in 5 minutes by:
9/21/2013
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 44,517
Experience: Texas Attorney for 30 years dealing in real estate
Verified

RayAnswers :

Hi and welcome to JA. I am Ray and will be assisting you tonight.

RayAnswers :

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.

Customer:

hello

RayAnswers :

Reference.

Customer:

if he has not filed yet is it too late since I am using it now?

RayAnswers :

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

RayAnswers :

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.

RayAnswers :

Take some pics of it after you place something on it.It can be anything a vehicle, bench, whatever that shows you using it .

RayAnswers :

Maybe a picnic with some pics or a get together.

Customer:

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

RayAnswers :

It is very possible he was close and cannot prove up the elements.

RayAnswers :

If he comes on the property after you put them up call the police and claim he is trespassing.

RayAnswers :

By doing this you are reasserting your claim and interrupting his.

Customer:

I already reported to the police that I may call them if he tresspasses on it

RayAnswers :

Thats the best you can do and hope he goes away and leaves you alone.

Customer:

lol I am hoping

RayAnswers :

Thats a good idea he has no legal right to be on the land especially if it is posted.

Customer:

is there anything I can file for this?

RayAnswers :

And have a good time using it and taking some pics.Maybe a family get together.

RayAnswers :

No just document your use by pics and witnesses at the get together.

Customer:

ok Thanks

RayAnswers :

I am not at all convinced that he can prove this up and likely he goes away.

RayAnswers :

I wish you the best here.Thanks for letting me help you.If you can leave a positive rating it is always appreciated.

RayAnswers :

Have a great weekend.

Customer:

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

RayAnswers :

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.

RayAnswers :

You have the right issue here to try and put a stop to that.Good luck to you.

RayAnswers :

More reference..

RayAnswers :

Just in case you need a lawyer here locally.

RayAnswers :

Thanks again for letting me help you tonight.

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 44,517
Experience: Texas Attorney for 30 years dealing in real estate
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Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Ray" .


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Ray
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 44,517
44,517 Satisfied Customers
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