Stoneham, MA asked in Land Use & Zoning and Real Estate Law for Massachusetts

Q: There is a piece of property around 200 sq feet that we have been using for the past 27 years that a condo association

They attempting to get back from us. The property abuts our land and after about 19 years they are looking to take it back do we have any right here.

1 Lawyer Answer
Christopher Tolley
Christopher Tolley
  • Real Estate Law Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: Your argument would be that you used the land as if it were your own, you landscaped it, cut the grass, watered the plants, built on it, parked your car there, etc. (if all that is the case) and if the town assessed it to you, paid taxes on it, and that it should have been obvious to the condominium that you treated the land as your own, and they did not dispute your ownership for a period of 20 years. Your argument is very much based on the facts of your use of the land over the years, so I strongly suggest your consulting an attorney to review your options.

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