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.
This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.
Here's the simple answer: You'll want to get an attorney to handle the adverse possession claim. You can ask your attorney about the likelihood of success and the costs involved.
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.
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.
This response contains general information about the question posted and does not contain any specific legal advice. The information is not intended to, nor does it, establish an attorney-client relationship between the questioner and the attorney providing the answer. The questioner should retain legal counsel for specific adivice regarding his or her specific legal needs.
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.
This "answer" is for information purposes only and is not intended as legal advice or to create an attorney-client relationship.