NBC 10 I-Team: Lawmaker wins court fight with neighbors over boundary dispute
A Rhode Island state lawmaker wins a bitter, years-long property line fight with his neighbors in Warren.
A judge Wednesday ruled in favor of Sen. Walter Felag and his wife, Elaine.
As the NBC10 I-Team first reported in February 2024, the dispute is over a strip of land of approximately 1200 square feet along the boundary line between the Felags’ property and that of their neighbors, Cassie and Michael Patriarca.
A line of hemlock trees cuts between the two properties.
After the Patriarcas moved in in 2022, they believed, based on records, that the row of trees plus about 10 more feet of grass on the Felags’ side of the trees was part of their property.
The Felags, however, argued the strip of land became theirs over time based on the legal principle of “boundary by acquiescence,” by which a boundary line is established by an undisputed physical marker that’s been in place for at least 10 years, even if it was not previously the official boundary.
Felag planted the row of trees in the 1980s and says he and the previous two neighbors had an understanding that the trees marked the property line.
The Felags took the Patriarcas to court.
The Patriarcas argued the “boundary by acquiescence” principle was unfair and should be scrapped.
After a trial last fall, Rhode Island Superior Court Judge Brian Stern issued a ruling Wednesday, siding with the Felags on the “boundary by acquiescence” claim, and stated he would not overturn the principle that Rhode Island has acknowledged for more than a century.
Felag told NBC10 Wednesday he and his wife are "happy it’s over" and agree with the judge's decision.
Cassie Patriarca said her family is still processing the ruling and will be meeting with their lawyer.
The couple had been paying the taxes on the disputed land, though the town's assessor told NBC10 it only amounted to about $5 a year.
