An easement allows a person the legal right to use another person’s land for a specific and limited purpose. If someone interferes with that right, the easement holder may request that the court to issue an injunction prohibiting such interference. In an April 5, 2019 Massachusetts real estate case, the…
Sharing an access road or right of way with other property owners occasionally causes conflict, as in a recent Massachusetts real estate action. The parties in the case owned adjacent lots in a residential subdivision that bordered a lake. In a January 17, 2019 decision, the Land Court was presented with…
The classification of a road as a public or private way can be significant. The decision may impact the level of control that adjacent property owners have over it, as well as the public services that are available to repair and maintain the way. In a December 19, 2018 Massachusetts real estate case,…
A dispute over parking may become a legal issue if it interferes with the property rights of one or more individuals. For many condo residents, legal claims pertaining to their building may only be asserted by the owner, which is typically a condominium trust. In such cases, the interests of…
Individuals seeking to improve a private road will generally need the consent of the owner, even if they have some property rights to use the road. In a December 4, 2018 Massachusetts real estate case, the plaintiffs initiated legal action against the defendant in Land Court after he refused to…
Easements can be vital to allow access to and from a parcel of property. In a recent Massachusetts real estate case, the plaintiffs filed an action in Land Court seeking to establish that they held an access easement over land owned by the defendant. When the Land Court granted a…
A drainage easement allows for part of an owner’s property to be used for runoff and stormwater drainage purposes. They are typically written in the deed to the property, but a party may argue that it has acquired drainage rights by prescription, as in a September 14, 2018 Massachusetts real…
Longstanding or frequent disputes between property owners may be difficult to resolve outside of court. The parties involved in a September 25, 2018 Massachusetts real estate case had clashed over their respective property rights in a sandy beach area for more than a dozen years. Following a bench trial and…
The actions of developers and other businesses may have lasting effects on the properties of residential homeowners. When the change is unwanted or unwarranted, homeowners may be able to take legal steps to protect their property rights. In a September 7, 2018 Massachusetts real estate case, the homeowners succeeded in…
In Massachusetts, a right of way easement may be legally recognized or established in different ways. In an August 10, 2018 case, adjacent property owners brought their dispute regarding a right of way easement before the Massachusetts Land Court. The defendants in the case claimed the right to use a…