Marlborough, MA asked in Real Estate Law for Massachusetts

Q: I am a homeowner living in Marlborough, MA in Middlesex County . My parents(now both deceased) bought the home in 1965.

In 1994 we had a detached garage built on our property. Our new neighbors told me they were going to have their property surveyed. They did, and according to their surveyors, a corner of our garage is encroaching their property by one foot. Nothing further has developed either by them or by me. My question is, if they decide to pursue this, is my garage protected under Adverse Possession. According to MA statute, my garage meets the criteria of Adverse Possession.

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Woburn, MA
  • Licensed in Massachusetts

A: To claim adverse possession you would need an adjudication of same from the Land Court and should involve real estate counsel in order for good title to your property to be passed, unless you want to adhere to the official meter and bounds as stated in the Deed and remove the garage or offending portion.

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