UPDATED: Oct 1, 2022
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We recently learned that for years our neighbors have been living on 0.45 acres of our land certified land surveyor drew out the legal lines. Since then, our neighbors get anger when we walk on our side of the property line close to the line. Our neighbors filed a harassment summons against us because we walked the line 3 times. We started building a fence. Can we complete it before the harassment hearing or could that be seen as a provocation by the judge?
Asked on May 25, 2019 under Real Estate Law, Massachusetts
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
It is not provocation to do something which you have a legal right to do, since if you could be stopped from doing that thing because it might upset another person, you have been denied your right to do it. Assuming the fence is 100% on your land, you can finish building it--you have the right (subject to any town zoning or construction rules) to build a fence on your own property.
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