Real Estate Law
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Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
Can you tell me how long your driveway has been encroaching?
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.
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.
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.
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.
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.
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.
But there aren't any "templates" to fill out, it is a full blown lawsuit....