Full question:
I landscaped a strip of land which was on my side of my neighbor's fence. The neighbor and I both thought it was my land. 2-3 days later, he came over and told me it was his land. We agreed that I could remove the trees in two weeks (so they would not die). Shortly thereafter, I received a letter from a lawyer saying the trees were now theirs and I could not remove them. Can I recover compensation for the landscaping or get the trees back?
- Category: Real Property
- Subcategory: Encroachment
- Date:
- State: Massachusetts
Answer:
If you have been unjustly enriched at someone else's expense, you may be entitled to restitution. Even without a formal contract, a court can require a person to return benefits received if it would be unfair to keep them. If you mistakenly believed the land was yours and made improvements, you might argue for compensation based on unjust enrichment.
In cases of property disputes, a quiet title action can clarify ownership. This legal process may allow you to seek an injunction to prevent your neighbor from stopping you from removing the trees. Additionally, if your neighbor's trees encroach on your property, you could be awarded the value of the encroached property or ordered to have the encroachment removed.
To seek damages, you typically need to show that the other party acted recklessly or with malicious intent. If a surveyor made a mistake in determining property lines, they might also be liable for any resulting issues.
In your situation, you may want to consult with a legal professional to explore your options regarding compensation for your landscaping and the trees. Users can search for state-specific legal templates at .
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.