Hello, I live in Massachusetts, my family and I have resided in our home for approximately 9 years now. I have never surveyed our property, and just recently retrieved a copy of our property line map from the town hall. I have been saving money over the past several years to put up a fence as well as plant shrubbery as a border.
At first glance it appears our neighbor may have extended his landscaping onto our property by approximately 5 feet.

I have been paying property taxes on my property since I have moved into the house. My neighbor has never approached me regarding my approval for the use of my land. My question is this:

Upon the land survey, would I be able to have him remove his trees and shrubs off my side and have him place it back on his side before I begin landscaping?

Thank you for your time in answering this question.

Hello d:

Yes. You can do anything you like with your land.

excon

Upon survey of your property, you can remove any of the trees and shrubs, since they are yours not his. I would advice in not using the words "his" trees, just trees and shrubs, since they belong to the person who owns the land.

Were these plantings existing when you purchased the property or did the neighbor add them after you purchased?

If the neighbor purchased and planted these items after you moved in, then I would approach him with a copy of the town survey and show him how the plantings encroach on your property and ask him to move them. Even though they may be on your property, if he paid for them and you do something with them, while it may be your legal right it will make for a problem with the neighbor. Give him a chance to replant.

This may be a radical suggestion, but would it hurt anything to leave the plantings there? I mean, if neither of you bothered to get a survey before landscaping, and his plants haven't bothered you up to now, what would be the legal consequences of just leaving things like they are? I mean, especially if you are just planning on putting bushes in the area, and he has them there already... seems like leaving them there would be a practical solution.

Or, perhaps, go over and talk to the neighbors, say that you were planning some landscaping and found out that they, probably unknowingly, have planted over the property line, and what do they think is a reasonable solution? I have to say, if you haven't noticed this for nine years, and are reasonably neighborly with them right now, it may not be worth the bad blood that could occur if you order them to remove the plants.

Thank you very much for your advice. The reason I have waited for the past several years is because I have not had the money to have my land surveyed and put in a fence as well as other landscaping. I will most certainly take your advice in letting my neighbor know what my plans are, that was my next step after the survey. Again, I thank you greatly for your advice.

Have you ever heard of addverse possession? Adverse possession is the taking of title to real estate by possessing it for a certain period. THis is one reason you need to let him know it is your land and what you are going to do

Ahhh! Get It Surveyed, Give Him 30 Days To Make The Needed Changes To Conform To Your Wishes. Then Proceed From There. In Tn I Put My Fences Up 1/2" Inside The Line, That Way The Fence Is Yours, And If His Trees Fall On Your Fence He Could Be Liable. Remember I Do Not Know The Laws Where You Live.