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Articles Posted in Easements

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Massachusetts Property Owners Win Action to Enforce Agreement for Sale of Land Parcel

Agreements concerning your property can be enforced by the court if they are not performed by the other party.  In a December 15, 2017 case, the Appeals Court of Massachusetts decided a dispute between the plaintiffs and a company that owned the  neighboring property.  The Massachusetts real estate case involved…

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Massachusetts Land Court Finds No Right of Way Easement Over Neighboring Land

Some parcels of land are subject to an easement, which allows people other than the owner to use the owner’s property for a particular purpose. If you believe you have an easement over land in Massachusetts, you can petition the land court for a declaratory judgment outlining your rights. In…

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Massachusetts Landowners Re-Litigate Boundary Dispute After Acquiring Additional Parcel

Property law can seem complicated, but an experienced Massachusetts real estate attorney can guide you through the necessary legal proceedings.  In a December 8, 2017 case, a boundary line dispute came before the Massachusetts Land Court for a second time.  The location of the boundary line was first addressed in…

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Massachusetts Homeowners Acquire Ownership Rights to Portion of Neighbor’s Lot

Confusion over boundary lines and property ownership can eventually lead to a legal action filed before a court.  Many Massachusetts adverse possession claims are argued before the Massachusetts Land Court, which shares jurisdiction with other courts over most real property cases in the state.  In a August 29, 2017 decision, the…

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Property Owner and Massachusetts Town Clash Over Easement Rights in Real Estate Case

Boundary disputes and property ownership are often resolved in court proceedings, particularly when the party claiming possession of the land is not the title owner.  In an August 22, 2017 case, the Court of Appeals reviewed a Massachusetts title action between a landowner and the town.  The landowners brought the…

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Passageway Rights of Neighboring Property Owners Defined by Appeals Court of Massachusetts

Sharing an alleyway with other property owners can be frustrating, especially when their right to use the alley is in question.  In a September 19, 2017 Massachusetts real estate case, the appeals court considered the nature and extent of the defendants’ right to use a 10-foot-wide passageway running between their property…

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Massachusetts Plaintiff Seeks to Enforce Greater Easement Rights Against Town in Property Action

If you believe that your property rights are being violated, you may be able to bring an action to stop or enjoin the actions of another individual or entity in court.  In an August 24, 2017 Massachusetts real estate case, the plaintiff filed an action claiming an easement over registered…

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Neighbors Dispute Tree-Trimming Obligation in Massachusetts Land Court Case

Property can be restricted in any number of ways through various legal means, such as a covenant or easement, often surviving a transfer of ownership.  In an August 11, 2017 Massachusetts real estate case, a plaintiff sought a declaratory judgment from the Land Court stating that she had an affirmative…

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Massachusetts Landowner Seeks Injunction Prohibiting Neighbor’s Use of Beach Path

In some cases, legal action is required to protect a landowner’s rights to a part of their property used by others.  In a July 11, 2017 Massachusetts real estate case, the issue for the land court was whether the defendants and their guests had an appurtenant prescriptive easement for the unrestricted…

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Massachusetts Property Owners File Title Action in Railroad Easement Dispute

The Massachusetts Land Court recently considered a July 11, 2017 real estate case, which involved a 19th-century railroad easement in the plaintiffs’ property.  The easement at issue ran along the border of the plaintiffs’ property, and it was last used by the railroad in 1972.  The railroad’s interests in the easement…

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