Real Estate Law
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There is a law that can potentially help you. Here it is. Let me know if you want to discuss the any issues after reading it:
Massachusetts General Laws Chapter 266, Section 120B:
Whoever, being the owner of land abutting that of another, the building or buildings on which are so close to the land of such other person as to require an entry on said abutting land for the purpose of maintaining or repairing said building or buildings in order to prevent waste, shall not be deemed guilty of trespass or liable civilly for damages, provided that such entry is made expeditiously and in the exercise of due care and that no damage is caused by such entry to the land or buildings of said abutting owner. Before such entry said owner shall notify the chief or other officer in charge of the police department of the city or town in which the land is located that he has requested permission to enter on adjoining land from the owner or occupants thereof for the purpose of maintaining or repairing a building or buildings and that such permission has been refused, and that he intends to enter under the provisions of this section. Before entering on said land, said owner shall post bond with the chief of police in the amount of one thousand dollars to protect the adjoining land owner from damage caused by said entry. No person so entering on land of another shall store material or tools thereon for more than eight hours in any one day nor shall he continue to enter thereon for more than thirty days in the aggregate in any calendar year. After said entry, said owner shall in all respects restore said adjoining land to the condition in which it was prior to said entry.
A neighbor can develop land or construct on land as long as it is not trespassing on a neighbor's land. Whether he can put in a parking lot is suspect. It most likely would depend on zoning laws and proper permits. Making a residential property a commercial property entails many restrictions. We can discuss more if you would like to do so.
Possibly it could make it easier for them. But it in not unheard of that neighbors can sometimes dislpute various construction on neighbor's land based on nuisance claims, especially if it would be a public nuisance (disrupting the whole neighborhood).
Yes. You are correct. We can discuss more if you would like to do so.
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You can possibly make an adverse possession claim. I don't know the details of the situation, but that could be a potential claim also. We can discuss more if you would like to do so.
An adverse possession claim is when a neighbor uses another neighbor's land for so long, usually open, hostile (agains the wishes) and notorious that it becomes there land. A trespasser’s possession must be (i) hostile (against the right of the true owner and without permission); (ii) actual (exercising control over the property); (iii) exclusive (in the possession of the trespasser alone); (iv) open and notorious (using the property as the real owner would, without hiding his or her occupancy); and (v) continuous for the statutory period (which is usually 20 years in Massachusetts, under Mass. Gen. Laws Ann. Ch. 260, § 21). It may not apply to your case but that is the potential claim. We can discuss more if you would like to do so.
The issue has to be ripe (meaning there has to be something happening now for a legal action) If someone like you wants to get to the side of the house for a purpose, then that is were to start. The parking lot issue is not "ripe," meaning it has not happened yet unless papers have been filed with the municipality for a permit or other papers; or you actually know it is about to happen. The adverse possession claim is something you would file if you meet all the requirements of it. We can discuss more if you would like to do so.
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