This Week's Question

August 1, 2005

By Nena Groskind

Q:  People who live in my neighborhood sometimes use my backyard as a shortcut to a path that leads to a public hiking and biking trail located nearby. My yard is quite large and the strip of land involved is quite small, so the usage really isn’t intrusive. But I am concerned that someone (a neighbor, in particular) might one day assert an adverse possession claim to the land, claiming that he has used it for years without any objection from me. What can I do to protect my rights? 

A:  The key is to object to the usage of your land, formally and publicly. Posting a no trespassing sign and running periodic notices in the local newspapers, stating essentially that this is private property and not a public way, would probably be sufficient. But some attorneys suggest that, to eliminate any possible question about whether you’ve given proper notice, you should have a deputy sheriff post a legal notice on the path and deliver that notice personally to anyone you know to be using it. The deputy’s return of notice will be filed at the local Registry of Deeds, providing conclusive evidence that you have posted the required public notice.