Mass. Panel: Neighbor’s Silence During Project Showed Agreement To Land Swap

BOSTON – Finding that a neighbor’s silence during a construction project was sufficient to show that the neighbor did not object to the project’s encroachment onto his land, a Massachusetts panel affirmed a lower court opinion on Aug. 22 and held that the trial court judge had properly defined a land swap between the neighbors (Robert J. Hurtubise v. Scott B. McPherson, No. 10-P-1252, Mass. App.; 2011 Mass. App. LEXIS 1129).

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