Home > Research Legal Advice > Real Estate > IF I ACQUIRED LAND IN MA. VIA ACLAIM OF ADVERSE POSSESSION WOULD I HAVE ...
Asked about 1 year ago - Needham, MA
FlagTHE YMCA IS ADJACENT TO MY BACKYARD AND FOR OVER 40 YEARS IHAVE MAINTAINED A PIECE OF THEIR PROPERTY AS IF IT WERE MINE.-----FERTILIZED, WATERED, SEEDED,WEEDED AND CUT GRASS. FED,AND PRUNED SHRUBS. RAKEDLEAVES. LAST YEAR A LARGE TREE FELL ON THE LAND AND I PAID FOR ITS REMOVAL. I ALSO PAID TO REPLACE THE SHRUBS AND RESOD THE GRASS.THE YMCA NEVER GAVE ME PERMISSION TO DO THE WORKNOR HAVE THEY TOLD ME NOT TO DO IT.IHAVE USED THE LAND AS AN EXTENSION OF MY BACKYARD. I HAVE AT LEAST 5 NEIGHBORS WHO HAVE BEEN HERE OVER 40 YEARS AND THEY CAN ATTEST TO MY STORY. I NEED TO GET A SLICE OF THE YMCA LAND ADJACENT TO MY LAND BECAUSE I EXPANDED THE BACK OF MY HOUSE AND MY CONTRACTOR BUILT THE BULKHEAD TOO CLOSE TO THE YMCA PROPERTY LINE SO IT DIDN'T PASS TOWN INSPECTION.
You wouldn’t have to pay for the land if you are successful, but you would have to pay the litigation expenses you will incur when the YMAC challenges your claim. Being successful isn’t at all a certainty either and in any event the action may take some time – will the city inspector wait?
Perhaps a better approach would be to ask for a variance based on undue burden. A local attorney can help.
How was your contractor able to obtain a building permit to expand the back of your house with the bulkead in violation of Needham's zoning setback requirements. Did the contractor submit properly drawn plans?
Of course more facts are needed, but on the face of your question it appears the possible negligence of your contractor is requiring you to undertake expensive litigation to acquire property by adverse possession. Hire a lawyer to negotiate a deal for the YMCA to convey to you the necessary "slice" of land you need, and have the contractor pay for it. You bring your house into compliance and everyone avoids lengthy and expensive litigation. Just a thought.
It sounds like you are going to have to file a quiet title action or push the YMCA to defend their claim to the strip in order to resolve your ownership in the property. These are actions, which are time consuming and costly and can be brought in the Land Court or the Superior Court depending on the status of the property. If you intend to sell your property at some point in the near future, you will want to resolve the issues or you may experience difficulty finding a buyer (and a lender) willing to take them. There are also other possibly remedies short of litigation that may be available like an easement or license. You may also be on the receiving end of a cease and desist order from your municipality's zoning enforcement officer if the perceived violation continues. I recommend that you consult a land use attorney for an idea of the time and expense involved. Good luck.
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