Dear all, here are some problems I would want to
seek your advice.
We found some day last week, our rear neighbor applied
mouch to our plants planted near the borderline when we were not at home. The problem is that their mouch has a very distinctive color (compared to our land) and it appears that they were
drawing the borderline without our permission and tried to
make the case that they also owned half of the plants.
So I was very very upset by this. I even put some dirt
back to my plants. However their mouch just seems to
be very predominant.
When I said hello to this neighbor yesterday, I did not raise this problem because I did not want to raise a dispute (though he apparently did by actions). But I have decided to do a survey.
so my question is
1. Can he establish legal ownership (or borderline) by applying mouch
to our plants (if he assumes that we have no objections)? Was this
trespassing if the survey confirms our ownership? Does the survey have
the sole legal right to overwrite his self-made borderline?
2. I also wanted to put up a fence on my side along the border after the
survey. I checked with our town hall. They said as long as it is on my side (e.g. 1 or 2 inches from the border) and the fence is
not over 6 feet. I can go ahead and do not need a permit from the town to
do so. So is there any basis the neighbor could sue us? I understand
probably in MA there is no view/sunshine ordinance.
However, the neighbor built a very large house after we moved
in. They basically used up their land and virtually had no
back yard. And our yard effectively becomes their scenary spot. They
fenced everywhere, but not along our common border.
3. Can we remove our plants from the border when we
install the fences?
seek your advice.
We found some day last week, our rear neighbor applied
mouch to our plants planted near the borderline when we were not at home. The problem is that their mouch has a very distinctive color (compared to our land) and it appears that they were
drawing the borderline without our permission and tried to
make the case that they also owned half of the plants.
So I was very very upset by this. I even put some dirt
back to my plants. However their mouch just seems to
be very predominant.
When I said hello to this neighbor yesterday, I did not raise this problem because I did not want to raise a dispute (though he apparently did by actions). But I have decided to do a survey.
so my question is
1. Can he establish legal ownership (or borderline) by applying mouch
to our plants (if he assumes that we have no objections)? Was this
trespassing if the survey confirms our ownership? Does the survey have
the sole legal right to overwrite his self-made borderline?
2. I also wanted to put up a fence on my side along the border after the
survey. I checked with our town hall. They said as long as it is on my side (e.g. 1 or 2 inches from the border) and the fence is
not over 6 feet. I can go ahead and do not need a permit from the town to
do so. So is there any basis the neighbor could sue us? I understand
probably in MA there is no view/sunshine ordinance.
However, the neighbor built a very large house after we moved
in. They basically used up their land and virtually had no
back yard. And our yard effectively becomes their scenary spot. They
fenced everywhere, but not along our common border.
3. Can we remove our plants from the border when we
install the fences?
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