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!
Employment / Labor Attorney
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.)
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Real Estate Attorney
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.