Squatter rights in Massachusetts?

[alisonb12]

Hi,
Our family has owned a house for 80 years. My sister and I are the current owners. The sister has never moved from the house. There is a small plot beside our house. Our family has always maintained the small plot, mowed the lawn and used it as part of the yard. Especially since it sits in front our house. The land is actual not part of our house but owned by the grocery store which is across the street from our house. They have never bothered with the land
One day my sister came home from work and noticed there are white painted lines marking off the land.
Do we have any claim to this plot of land using Adverse Possession and how do we start the claim if we do?

Also not sure if this makes a difference but the land was actually owned by our family one time. Our family sold the land to the store.
Thank you

[friendlydragon]

Since your family sold it to the store, it is already the store's property. Even you used it for a long time, but it is just like the store let you borrow the land for a while.

[cahoonzie]

Intersting fact pattern. Let's break the facts down a bit from last to first. "Our family sold the land to the store". This fact indicates that you and sis are occupying "Notoriously" (with knowlege of the others title). This is good - Most folks, even lawyers do not realize that courts lean in favor of adverse posession because it acts as a title clearning action. That is, a successful adverse possession claim clears forever all past title disputes and even color of title. OK so far?

Secondly, since the owner is across the street and can watch you "possess" his/her property and say nothing, you have met the second element of adverse possession.

The glitch to your case is what was the purpose of the white painted lines? If the other party can prove that the lines were meant to give you notice of their ownership, you are out of luck. Maybe? State laws on Adverse possession vary greatly as to SOL (statute of limitations) and in your case ...."Constructive Notice of Objection". I am not familiar with your state law - check it out. There are defenses like "relation back", "incompitency" and so on and so on that can effect your case.

You need an attorney that is familiar with your state's property law. Sounds like you have standing to bring action. Like any civil action, you start by filing a complaint with your local court clerk and servicing the defendant (notice under the 14th amendment to the Constitution). Good Luck. As I remember, adverse possession is an equitable adjudication.