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…
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,…
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…
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,…
The issue of Massachusetts real estate easement rights commonly arises in situations involving beach access and pathways to the shore. This issue was the source of the dispute in an August 16, 2019 case decided by the Massachusetts Land Court on summary judgment. The question for the court was whether the…
Massachusetts easement rights are often a source of contention between neighboring property owners. If a property owner files an action for a declaratory judgment, the court may issue a decision setting forth the easement rights of the respective property owners, as in a July 26, 2019 case. The plaintiff in the case brought…
Local zoning regulations generally promote the safety and general welfare of the community, while also encouraging the most appropriate use of the land. In a July 11, 2019 Massachusetts real estate case, the plaintiffs sought to overturn a decision by the local planning board that waived the requirements of a…
If another person interferes with your easement rights or over-burdens it with an impermissible use, you may have legal recourse to protect your property interests. In some situations, the court may issue a preliminary injunction to keep the status quo or restrain certain conduct before a final decision has been reached, as…
An easement is a property right that may, in some situations, be abandoned or extinguished by law. In a May 2, 2019 Massachusetts real estate case, the Land Court considered whether the defendant held an easement over an area abutting its property. The area in dispute was a “paper way”,…