Shady Knoll Campground Site Encroached On Conservation Land

BREWSTER – The state land court recently ruled in the Brewster Conservation Trust’s favor in a dispute over a campsite encroaching on conservation land.

In 2018, after routine monitoring of the Eddy Sisters’ property, a BCT volunteer found picnic tables owned by Shady Knoll Campground that had crossed property lines and were allegedly encroaching on BCT land. Upon further research and a property line survey, BCT found that a portion of its property had been cleared and underground utilities had been installed. 

Shady Knoll Campground sits just off Main Street, directly adjacent to Long Pond Road. The Eddy Sisters’ property, which was donated to BCT in 1984, is off Lower Road and abuts the campground to the north. The campground, owned by Dave Nussdorfer, is about 10 acres with 100 campsites including picnic tables and fire pits.  

In a press release, the BCT said it tried to remedy the situation without heading to court but could not reach an agreement. Nussdorfer’s attorney notified the trust that he was claiming adverse possession of the property and was prepared to go to court on those grounds. 

“Our first choice is always to negotiate a respectful solution when there is a property line dispute,” said BCT trustee and former president Hal Minis in a press release. “In this case, though, that didn’t work out, so we were left with no other recourse than to go to court. Our mission and indeed our responsibility is to ensure the integrity of our conservation lands. We take that very seriously.”

In the commonwealth, adverse possession allows a person to claim legal title to another's land by occupying it without permission for a continuous period of 20 years. The court ruled that Shady Knoll had failed to prove that the campsite layouts had existed since 1971. 

The Eddy Sisters’ property was given to the BCT by Ruth, Mary-Louise and Jean, three longtime Brewster residents and heirs to the property owned by their grandfather. Since 1984, the land has grown into a town resource for gardeners. It now includes a wooded walking trail, a wildflower meadow, an heirloom apple orchard and outdoor classroom, in addition to Brewster’s Community Garden and the Barnstable County Master Gardener’s Lower Cape Children’s Garden.

In the court ruling on Aug. 7, Nussdorfer was instructed to remove the equipment and utilities from the land. As of Jan. 6, he had requested and was given a 90-day extension to remove the encroachment materials.

“BCT trustees are gratified that our decision to stand up to the legal challenge coming from Shady Knoll has been rewarded,” said BCT president Charles Sumner. “It was a long road and one we wouldn’t have necessarily chosen, but the result is the right one.”