Barrington, RI asked in Real Estate Law for Rhode Island

Q: I planted 6 shrubs 9 mos ago 3' from agreed border. Neighbor' survey this week shows 12" over says now his. Who's r they

for 5+ years, we agreed on boundary, neighbor cutting grass up to such point.

Neighbor never questioned location when they were planted even though he questioned separate border that day

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2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Hire a RI attorney for advice. That is a boundary dispute, where the old boundary was acquiescesed to but now recently disputed. You will need witnesses to the former ascertainable boundary for many years. His survey is just an opinion, as Court declares boundary.

1 user found this answer helpful

Albin Moser
Albin Moser pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Providence, RI
  • Licensed in Rhode Island

A: If neighbors agree upon a boundary line then that can become the legal line, even if a survey based on the old line says otherwise. The problem you have is that the neighbor no longer agrees to the boundary line and wants to go by the survey instead. It might be hard to come up with evidence that you could use in court to prove your case that you agreed to a line. If you and the neighbor put a marker, fence or other physical representation of the new boundary line then that is evidence of the agreement you made. Also, if you and the neighbor made the agreement to the new boundary in writing then that is evidence. Your plantings are evidence. It would be better if there were similar evidence of something the neighbor did that manifests the agreement.

1 user found this answer helpful

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