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How to handle a boundary dispute with a neighbor over a shared driveway in Boston?

This legal question related to accident & property damage attorneys in BostonMassachusetts has been answered.

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Location: Boston  |  Law type: accident & property damage attorneys
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I live in a residential area in Boston, Massachusetts, where my property shares a driveway with my neighbor. Recently, my neighbor built a fence that encroaches on the shared driveway, making it difficult for me to access my garage. I have a survey that clearly shows the property line, and the fence is definitely on my side.

What does the deed say?

The deed for my property includes an easement that allows both myself and my neighbor to use the shared driveway for access to our respective garages. The easement specifies that neither party can obstruct the other's access.

What have I done so far?

  • I have spoken to my neighbor about the issue, but they refuse to remove the fence.
  • I have consulted with a surveyor to confirm the property line.
  • I have also reviewed the deed for my property to understand my rights.

What are my options?

  1. Send a letter to my neighbor, formally requesting that they remove the fence.
  2. Consult with a lawyer and consider taking legal action to enforce the easement.
  3. Report the issue to the local zoning board, as the fence may be in violation of zoning regulations.
  4. Contact the police, as the fence could be considered a form of trespassing.

Can you please advise on the following?

1. What are the legal implications of a boundary dispute in Massachusetts? 2. How can I use the easement to enforce my rights? 3. What is the process for taking legal action against my neighbor? 4. Are there any alternatives to legal action that I should consider? 5. What are the potential consequences if I don't address the issue?

Commonly posted questions...

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Legal Solution

The response provided below is specific to accident & property damage attorneys in the jurisdiction of Boston. If the response is inadequate, please submit a detailed inquiry.

Legal Implications of a Boundary Dispute in Massachusetts In Massachusetts, boundary disputes are generally governed by property law, and may involve issues related to trespass, easements, and adverse possession. In this specific situation, since there is an easement that allows both parties to use the shared driveway, the neighbor's fence may be in violation of that easement, as it obstructs access to the garage. In Massachusetts, the specific laws and regulations that may apply to this situation include Massachusetts General Laws Chapter 187 - Easements, and local zoning and land use regulations.

Using the Easement to Enforce Your Rights The easement is a legal right that allows you to use the shared driveway to access your garage. In this situation, you may be able to use the easement to enforce your rights and have the fence removed. This may involve sending a letter to your neighbor, formally requesting that they remove the fence and citing the easement as the legal basis for your request. If the neighbor refuses to comply, you may need to consult with a lawyer and consider taking legal action to enforce the easement.

Process for Taking Legal Action Taking legal action in this situation would likely involve filing a lawsuit in the appropriate court, and may include steps such as:

  1. Consulting with a lawyer to understand your rights and options.
  2. Gathering evidence to support your case, such as the survey showing the property line and the deed showing the easement.
  3. Filing a complaint with the court, which outlines the basis for your claim and the relief you are seeking.
  4. Serving the complaint on your neighbor, who will have the opportunity to respond.
  5. Engaging in discovery, which is the process of exchanging information and evidence with the other party.
  6. Participating in a trial, where a judge or jury will hear the evidence and make a decision.

Alternatives to Legal Action Before taking legal action, you may want to consider the following alternatives:

  • Mediation: This involves working with a neutral third party to try to resolve the dispute amicably.
  • Negotiation: This involves communicating directly with your neighbor to try to reach a resolution.
  • Reporting the issue to the local zoning board: The fence may be in violation of local zoning regulations, and the zoning board may be able to help resolve the issue.

Potential Consequences of Not Addressing the Issue If you do not address the issue, you may continue to have difficulty accessing your garage, and the fence may remain in place indefinitely. This could also affect the value of your property, as potential buyers may be deterred by the obstructed access to the garage.

Questions for User

  1. Have you consulted with a lawyer about this issue?
  2. Have you considered mediation or other alternatives to legal action?
  3. Have you checked local zoning regulations to see if the fence is in violation?

Relevant Questions and Answers

Q1: What should I do if my neighbor refuses to remove the fence?

Consult with a lawyer to understand your rights and options, and consider taking legal action to enforce the easement.

Q2: How much does it cost to take legal action in a boundary dispute?

The cost of taking legal action in a boundary dispute can vary depending on a variety of factors, such as the complexity of the case and the lawyer's fees.

Q3: Can I report the issue to the police?

Reporting the issue to the police may be an option, as the fence could be considered a form of trespassing. However, this is generally a civil matter that is best resolved through legal action or other alternatives.

Q4: What are the potential consequences of not addressing the issue?

If you do not address the issue, you may continue to have difficulty accessing your garage, and the fence may remain in place indefinitely. This could also affect the value of your property.

Q5: Can I remove the fence myself?

Removing the fence yourself is not recommended, as it may be considered a form of trespassing or vandalism. It is best to consult with a lawyer and consider taking legal action to have the fence removed.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "How to handle a boundary dispute with a neighbor over a shared driveway in Boston?" has been changed 1 year 5 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Boston & area of law: accident & property damage attorneys.
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Photo of a residential area in Boston, Massachusetts, where two properties share a driveway. A fence has been built on one side of the driveway, encroaching on the property and making it difficult to access the garage. The property line is clearly marked on the ground, and there is a surveyor's map in the foreground that shows the fence is on the wrong side of the property line. The image is professional and serious, with realistic colors, and reflects the legal dispute between the neighbors.
Photo of a residential area in Boston, Massachusetts, where two properties share a driveway. A fence has been built on one side of the driveway, encroaching on the property and making it difficult to access the garage. The property line is clearly marked on the ground, and there is a surveyor's map in the foreground that shows the fence is on the wrong side of the property line. The image is professional and serious, with realistic colors, and reflects the legal dispute between the neighbors....

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