Being a Good a Neighbor
Your property may abut land owned and managed by The Andover Village Improvement Society (AVIS). The bounds of AVIS property are often marked by steel bars, wood stakes, wooden posts with small boundary signs and stone markers. AVIS property was either donated to or purchased by AVIS. The use of AVIS reservations is subject to restrictions established by the donor and/or the AVIS Trustees. AVIS is a 501(c)(3) non-profit organization established for the purpose of protecting Andover open space. www.AVISandover.org.
Frequently Asked Questions About Being a Good Neighbor of AVIS-Owned Conservation Land.
AVIS has hundreds of neighbors to its reservations and every year multiple encroachment events require our attention. Some of these issues arise from simple misunderstandings.
Why is conservation land important?
It is AVIS’ mission and legal obligation to protect its open space from encroachment, damage or misuse in perpetuity. As an abutter you are privileged to have easy access to AVIS trails and benefit from having protected open space in your back yard.
Management and restoration of AVIS’ land maintains this resource in its natural condition so it will continue to provide an opportunity for passive recreation, wildlife habitat, storm water control, and other ecological services in Andover. This benefits the public as well as abutting property owners.
What is an “encroachment”?
Encroachments are intrusions and alterations by abutting property owners on AVIS land. This includes any and all modifications or changes to AVIS property, whatever the reason and whether or not these are “historic” practices, or best intentions of the abutting property owner. Some examples of encroachment are:
- Extension of lawns or gardens
- Clearing/cutting of underbrush and/or trees
- Erection of sheds, fences or play sets
- Dumping of yard waste and/or debris
Encroachments damage AVIS property, resulting in diminished public access, reduced wildlife habitat value and degraded water resources.
Isn’t an encroachment an “improvement” of this land?
No, it isn’t. Lawn and cleared woods have little or no wildlife habitat value. Animals require cover that provides shelter, nesting areas and protection from predators. Chemical lawn fertilizers, pesticides and herbicides are poisonous to a wide variety of living organisms. They impact water resources, wildlife and environmental health.
Aren’t leaves and brush natural?
Yes, but large dense piles of yard waste are not. They destroy underlying vegetation, decompose very slowly and prevent new trees and shrubs that replenish the forest for growing. They may also introduce invasive plants into the reservation. Additional dumping, such as pumpkins or other organic matter, causes wildlife to congregate near trail areas, rather than on their normal territory.
What if an encroachment is suspected?
AVIS will notify the abutting property owner of the encroachment and ask the abutter to remedy the problem to AVIS’ satisfaction. AVIS will locate (in concert with the abutting property owner, if possible) the shared property line as accurately as possible, using surveyed bounds and markers, GPS and abutting property owner information. The property owner may have the property line surveyed by a licensed surveyor if they wish. It is the responsibility of the property owner to check boundaries, setbacks from wetlands and adjacent houses and obtain required Town permits before altering their property.
What if an encroachment is confirmed?
If an encroachment is confirmed, AVIS may, through written notice, require re-naturalization or restoration to remove signs of human intrusion. If lawn or landscaping has been extended onto AVIS property, AVIS may require the abutting property owner to:
- Stop mowing/maintaining the encroaching lawn or landscaping and/or
- Restore the encroachment by implementing a native species planting plan approved by AVIS
If structures have been erected on AVIS property (fences, walls, play sets, sheds, etc.) AVIS will require the abutting property owner to remove the encroaching structures and restore the area.
What if the encroachment was on my property when I bought it?
As the property owner you are responsible for current conditions. You may not continue to utilize or exacerbate an encroachment. AVIS will require you to address an “historic” encroachment on its property by removing dumped materials, restoring it to natural condition and/or giving AVIS access to implement the remedy and charge you for the completed work.
Is the encroachment a wetland violation?
Not necessarily. AVIS reservations include upland as well as wetland. If an encroachment is also a wetland violation, you will be required to file a wetland restoration plan with the Andover Conservation Commission to bring the property into compliance with the Massachusetts Wetlands Protection Act and the Andover Wetland Protection Bylaw.
What if an abutter fails to cooperate?
AVIS seeks to maintain good relations with abutters and encourages our neighbors to talk with us about any questions or concerns. AVIS’ Land Manager works closely with neighbors to address damaged trees and other potential hazards. Small matters are usually resolved quickly and amicably.
AVIS may require implementation of a restoration plan, approved by AVIS, to address significant encroachments, such as the removal of trees, the erection of a shed on AVIS property, or the destruction of the natural contour of the land. The plan must restore the natural resource value of the AVIS reservation. If all else fails, AVIS may take legal action against an abutter who removes large healthy trees or fails to restore an encroached area to AVIS satisfaction.
Questions? If you have any questions concerning any of the above items, please feel free to email: contactus@avisandover.org or write: AVIS, P.O. Box 5097, Andover, MA 01810
AVIS is an all-volunteer land trust that depends on collaborative efforts by many volunteers, including neighbors. In fact, many AVIS neighbors serve as Wardens on the AVIS reservations they abut. We encourage you to join AVIS, learn more about the benefit we contribute to the Andover community, and get involved. It is satisfying to help with a volunteer trail project, remove invasive plants with the Eco Team or join a guided trail hike.