Land Dispute

UPDATED: Oct 1, 2022

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Land Dispute

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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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