land surveying & legal services (508) 636-9100
Oak Tree Growing Over Old Wire Fence. The Fence is evidence of occupation which can sometimes lead to a claim of Adverse Possession.
An Adverse Possession survey performed by Paul Gay in a Sitka Spruce forest on an Island in Southeast Alaska. Mr. Gay served as an Expert Witness during the trial in Juneau, AK.
An image taken by Paul Gay at sunset looking across the bay at Admiralty Island in Southeast Alaska. This island was the site of a boundary survey performed by Paul to be used as evidence in a trial claiming adverse possession. In order to perform the survey all of the survey equipment and a week's worth of provisions had to be flown in on a DeHaviland Beaver DHC-2 float plane. Boundary disputes occur in the most populated areas and in the most remote areas. All it takes is two abutters who do not agree on the location of a common boundary.
Because of Mr. Gay's background in land surveying and legal services he is often called upon to serve as an expert witness in matters relating to adverse possession or prescription.
Mr. Gay may also be retained to testify as to the correct procedures which surveyors must use during retracement surveying. Retracement surveying is surveying a property that has already been surveyed. Because most parcels of land have already been surveyed at some previous point in time, most surveys that surveyors encounter are retracement surveys. In Massachusetts, the procedures that all surveyors must follow during retracement surveying are prescribed by law and by custom. If the surveyor who performs a retracement survey is not thoroughly familiar with the legal aspects of boundary establishment it is likely that a boundary corner may be incorrectly placed on the ground. This can result in liability to both the surveyor and the property owner. It is therefore crucial that all boundary surveyors exercise diligence in following the correct legal procedures for boundary establishment.
In addition to land surveying services, Paul Gay is also an attorney licensed to practice in Massachusetts. Mr. Gay has experience in the legal principles used to establish boundaries.
We also specialize in Adverse Possession. Adverse Possession is acquiring property by occupying the land of another person for a specific period of time. A person can gain or lose property if the land is occupied in accordance with statutory requirements. The rules of adverse possession are complex so if you believe that you have a claim of adverse possession against your neighbor or if you think your neighbor has a claim against you, you should consult an attorney without hesitation.
Another specialty is Prescription. Prescription is similar to adverse possession except that the possessor does not acquire title to the property being occupied. The possessor merely acquires the use of another person's property. Prescription is common when an easement or right of way comes into being by using a neighbor's property for the statutory period of time.