Full question:
We purchased our home 17 yrs ago and have always gotten along well with our neighbors. Just recently our neighbor had a survey done to keep a builder from building on the lot across from him. His land survey resulted in him owning the only existing road to our house. The neighbor across from him who wanted to build had a survey done which showed that their property meets up with our neighbors and there is about 30 ft. of missing land. This leaves us landlocked. Our neighbor is now suing us for trespassing over his property and has put up private way keep out signs. What can we do? It has not been 20 years yet that we have been using his land so we cannot claim presumptive easement. The prior owners of our house were using the road for 5 years before we owned it making it 22 yrs in which the road has been used to access our house, but these owners were relatives of the neighbor that is suing.
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: Massachusetts
Answer:
While continuous possession is required for the acquisition of title by adverse possession, it is not necessary that only one person hold the land continuously for the statutory period. The time periods that successive adverse occupants have possessed the land may be added together to meet the continuity requirement if privity exists between the parties. The addition of these different periods is called tacking. Privity refers to the giving of possession of the land from one owner to the next so that it is continuously occupied by a possessor. Privity exists between different persons whose interests are related to each other by a sale or inheritance of the land or by operation of law, as possession by a trustee in bankruptcy.
An easement may be created by agreement which grants a privilege of a specific and limited use of the land of another. A right of way is a form of an easement granted by the property owner that gives another the right to travel over and use the owner's land as long as it is not inconsistent with the owner's use and enjoyment of the land. Please see the links to the easement agreements below.
Please see the following MA statute:
G.L.c. 187, § 2. Easements by prescription.
Section 2. No person shall acquire by adverse use or enjoyment a
right or privilege of way or other easement from, in, upon or over the
land of another, unless such use or enjoyment is continued uninterruptedly
for twenty years.
G.L.c. 187, § 3. Notice of intention to prevent acquisition by custom.
Section 3. If a person apprehends that a right of way or other easement
in or over his land may be acquired by custom, use or otherwise by any
person or class of persons, he may give public notice of his intention to
prevent the acquisition of such easement, by causing a copy of such notice
to be posted in a conspicuous place upon the premises for six successive
days, and such posting shall prevent the acquiring of such easement by
use for any length of time thereafter; or he may prevent a particular
person or persons from acquiring such easement by causing a copy of such
notice to be served upon him or them as provided by law for the service
of an original summons in a civil action. Such notice from the agent,
guardian or conservator of the owner of land shall have the same effect
as a notice from the owner himself. A certificate, by an officer
qualified to serve civil process, that such copy has been served or
posted by him as above provided, if made upon the original notice and
recorded with it, within three months after the service or posting, in
the registry of deeds for the county or district in which the land lies,
shall be conclusive evidence of such service or posting.
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.
