About ten years ago I bought my home in Needham MA from my dad who is still alive. He had built a garage many (25) years ago and part of it was built on a neighboring parcel of land owned by a corporation. Two questions: Can I now assert adverse possession to claim the land the garage is built on? How would the tacking work? In other words, if my dad was ‘trespassing’ for 15 years and then he sold it to me and I trespassed for another 10 years, can we add them together to make 20 years? Would we both then own the land or just me?
Massachusetts allows for tacking. In order to prevail in action to establish that you acquired title to the disputed area of land in question, you would need to show that both you and your father, as predecessor in title, have used and enjoyed the portion of the disputed land openly, notoriously, exclusively and adversely to all the world continuously for at least twenty years. The use of the disputed portion of land must also not be permissive. In seeking to enforce your claim to adverse possession, you will typically need a survey outlining precisely the area in question that you claim to have acquired by adverse possession. Evidence in these cases often includes pictures, videotapes, and live testimony about how the area had been maintained by both you and your father openly, notoriously, exclusively, adversely and continuously for at least 20 years. Good Luck.
The Needham, MA Real Estate Attorneys at Goldman & Pease provide legal services to individuals and businesses for all real estate transactions in the Boston metro region including Alston, Arlington, Belmont, Brighton, Brookline, Cambridge, Canton, Dedham, Dover, Milton, Natick, Needham, Newton, Norwood, Waltham, Watertown, Wayland, Wellesley, Weston, West Roxbury, Westwood, and all of Massachusetts.