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…
Articles Posted in Adverse Possession
Court Determines Easement Rights Over Beaches in Massachusetts Real Estate Action
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…
Massachusetts Property Owners Bring Competing Claims for Title to Marshland Area on the Coast
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…
Plaintiffs File Massachusetts Title Action Against Neighbor to Claim Ownership of Private Way
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…
Plaintiff Prevails in Massachusetts Adverse Possession Claim Against Property Developer
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…
Massachusetts Homeowners Acquire Title to Side Yard Through Successful Adverse Possession Claim
In many adverse possession cases, the plaintiffs’ claim to property arises from a long-held, yet mistaken, belief that they own the land at issue. This situation was presented in a May 28, 2019 Massachusetts real estate case before the Land Court. The plaintiffs in the case filed an action against…
Massachusetts Landowner Defeats Prescriptive Easement Claim by Demonstrating Permissive Use of Driveway
One of the most important factors in a Massachusetts prescriptive easement claim is whether the claimant’s use of the property was permissive or adverse. The Land Court recently addressed this issue when deciding an April 5, 2019 case. The plaintiff in the case sought to improve a section of a…
Neighbors Litigate Ownership of Boundary Line Areas in Massachusetts Adverse Possession Case
In some situations, a person may establish title by adverse possession in a legal action filed with the Massachusetts Land Court. The plaintiffs in a March 4, 2019 Massachusetts adverse possession case claimed title to an additional eight foot wide strip of land along the eastern boundary of their property. They brought the…
Massachusetts Homeowner Fights Adverse Possession Claim Filed by Commercial Property Owners
A poorly delineated property boundary in a densely populated neighborhood is a condition that often causes tension between neighbors. This situation is what eventually led to the dispute between a business condominium association and a residential homeowner in a November 19, 2018 Massachusetts real estate case. The defendant in the…
Landowners File Cross-Claims for Adverse Possession and Quiet Title in Massachusetts Real Estate Case
A dispute between the title owner of a piece of land and an adverse possessor of land may be settled by the court in an action before the Massachusetts Land Court. In a July 18, 2018 Massachusetts real estate case, the plaintiff sought to quiet title in the face of adverse possession assertions…