When a driveway is shared by two neighboring properties, the owners’ legal right to use the driveway is commonly provided through an easement. Overuse or obstruction of the driveway easement may lead the property owners to take legal action, as in an October 28, 2019 Massachusetts real estate case. The…
In a Massachusetts real estate action, a claimant may assert multiple legal grounds to establish their ownership or other rights in a particular parcel of land. In an October 24, 2019 case, the plaintiffs brought an action seeking an adjudication as to their easement rights over two beaches owned by the…
Issues concerning ownership and property boundaries may be brought before the Massachusetts Land Court to decide. In an October 10, 2019 Massachusetts real estate case, multiple parties brought competing claims regarding their respective rights to a section of marshland on the coast of a peninsula. The parties involved in the case…
In general, new homes must be constructed pursuant to the current requirements of local Massachusetts real estate zoning bylaws. Under some circumstances, however, the zoning bylaw may provide for an exception, such as for existing structures. In an October 7, 2019 opinion, the Appeals Court of Massachusetts considered whether a…
If someone has interfered with your easement or property rights, you may have legal recourse. In a September 19, 2019 Massachusetts real estate case, the plaintiffs filed an action against their neighbors in Land Court claiming that their property had the benefit of an easement over their neighbors’ property. Specifically,…
There are several ways in which limitations may be imposed in Massachusetts property rights matters. Some examples include local zoning bylaws, which may regulate aspects such as how far a structure must be set back from the street, and public easements, which may prevent the property owner from blocking off…
If you are planning to construct a new home on your recently purchased property, a Massachusetts real estate attorney can guide you through the legal process. Typically, new residential construction is subject to local zoning laws, illustrated in a September 16, 2019 case. The plaintiffs in the case had reportedly…
A homeowner may file an action to quiet title in order to claim their ownership rights of the property in question. In a September 4, 2019 Massachusetts property case, the plaintiffs brought an action in Land Court claiming ownership of a way that lined one side of their property. The…
Gathering evidence to support an adverse possession action can be daunting, but a Massachusetts real estate lawyer can assist you in putting forth the strongest case possible. The plaintiff in an August 29, 2019 case succeeded in establishing title by adverse possession to two separate areas of land abutting her…
The public generally enjoys an easement of travel over all public roads. In rare circumstances, the public may also have a right to use a private way. However, such a right does not include the broad rights of a public road. In an August 21, 2019 Massachusetts real estate case,…