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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37399
Experience:  16 years real estate, Realtor. Landlord 26 years
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My parents own a piece of property (purchased in 1968) that

Customer Question

My parents own a piece of property (purchased in 1968) that I have inherited (2011). The neighboring lot owner put a cranberry bog on his property and extended it into our
property. .78 acres. Do not know when this was done.
Now that we are trying to sell, we have a restriction because of the wetland because of the cranberry bog.
Do I have any recourse?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years 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.
This depends on when the bog was put in. If they did so less than 3 years ago, you can file suit against them for trespass to property and eject them, holding them liable for any damages and costs associated with returning the property to its "pre-bog" condition.
But if it has been over 3 years, then the statute of limitations has run on any property damage claim.
Further if it has been over 20 years, they could legally claim ownership of that land under "adverse possession" and file a "quiet title lawsuit" to have a judge declare them the legal owner.
So if it has been under 20 years, you would definitely want to sue to eject them or face losing that acreage if they hit that 20 year mark.