A HOMEOWNER has sued their neighbor and entered a boundary dispute after a plan to cut down trees.

Michael and Cassie Patriarca purchased their home in Warren, Rhode Island, around 10 miles south of Providence, in 2022 but said their neighbor had taken legal action and blocked their building plans.

The Patriarcas said they wanted to cut down a row of trees to build an extension on the left side of their home on Overhill Road.

An issue arose as their neighbor Walter Felag, who had been a state senator for 25 years, said the trees were the boundary marker between the two properties and they could not be cut down, according to NBC affiliate WJAR.

“It’s my property, I’ve maintained my property for over 40 years,” Felag said.

A survey showed the Patriarca’s property line was 14 feet beyond the trees but Felag sued his neighbors in August 2022 citing a legal principle called boundary of acquiescence or adverse possession.

This principle suggests that a long-acknowledge boundary could become this official boundary.

Felag claimed that he had a verbal agreement over the boundary with his previous neighbors and he had planted the trees next to their drive in the 1980s. 

“I knew it was my property because the owner adjacent to me and I agreed that was the property line,” Felag said.

“It’s always been my property. We never knew it wasn’t my property.”

The Patriarca said they were unaware of that legal principle.

“I had never heard of it. never heard of this, didn’t think it was possible,” Michael said.

“Right now the laws are on his side, are in his favor,” he added.

The Patriarcas had also been found in contempt of a court order as they had cut some branches off of the trees facing their home.

“We misunderstood that. We cut our side back to gain access to our driveway,” Michael said.

The 1,276 square feet of property would have been 10% of the Patriarca’s land and Michael claimed that he was paying taxes on that area.

“It’s killing me and they’ve never paid for this strip of property they just think they should have it,” he said.

In a court complaint, Felag said he had paid taxes on the land but later told WJAR that he was not sure.

“We’re talking again 1,100 square feet what’s the tax differential? Not much,” Felag said.

The Patriarcas claimed the dispute had made them change their property plans, which they said cost thousands of dollars, and added they were unable to sell the home due to the legal action.

“We can’t do anything until this is resolved and it’s going to take years,” Cassie said.

“The scary part is it can happen to anyone.”

The U.S. Sun has reached out to the Town of Warren, Walter Felag, and Cassie Patriarca for comment.