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Our neighbor's fence is over our line by 10 ft in some area. What is our option?

Sharon, MA |

We bought our house 1 1/2 years ago and recently decided to survey our lot line before installing fence. Our neighbor's fence has been there since the day we moved in. I think they have been living there for the past 6 years. Not sure when their fence was built. Based on town records the house was built in 1900 and the earliest known sale date is 11/1993. What are the laws in Ma. if any that will protect my loss? How should I proceed? We are planning to let them know as soon as the surveyor send us the paperwork and will probably advise them to hire a surveyor of their own. In any case, will my title insurance or home insurance cover our loss or at least lawyer and court fee? This is a tough situation as I don't want to have any grievance with my neighbors. Please help! Thanks!

Attorney Answers 2


Hire an attorney ASAP. You should be certain that you have a full understanding of your rights and obligations before you do anything at all. (For example: you might not want to have a disagreement with your neighbors, but you might well do so if it meant that your lot would no longer be compliant/buildable.)

Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

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You should let them know that your survey shows that their fence encroaches on your land and that you would like them to remove it. They are free to have their own survey done if they want, but it is unlikely that the margin of error for an instrument survey would be as much as 10 feet.

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