In a recent case, the Massachusetts Land Court was called on to decide a property dispute involving the use of a private way to access a parcel of land. In Pearson v. Bayview Associates, Inc. (Mass. Land Ct. Jan. 11, 2016), the plaintiffs sought to use a private way owned…
A Massachusetts Land Court recently decided an easement dispute involving deed restrictions and the overburdening of a right of way in the case of Stepanian v. Saraceno (Mass. Land Ct. Jan. 5, 2016). In 1985, the grantor subdivided his waterfront property and sold the resulting vacant lot (244) next to…
In Cappelluzzo v. Rinkoo-Tei Realty, LLC, (Mass. Land Ct. Dec. 11, 2015), the Massachusetts Land Court was presented with a property dispute involving a parcel of land between the boundaries of the plaintiff and the defendant. The plaintiff lives next door to the defendant, which operates a restaurant and bar…
The Massachusetts Land Court decided an easement dispute between two neighbors regarding a dirt driveway in Dunning v. Larsen (Mass. Land Ct. Oct. 8, 2015). The plaintiffs brought suit against their neighbors, seeking to establish rights in a path that leads from a private way to their property. The dirt…
The Appeals Court of Massachusetts reviewed a decision by the Land Court in a case involving the ownership and use of a private street. In Anarpet Realty Corp. v. Stutz Motor Car Co., 39 N.E.3d 472 (Mass. App. Ct. 2015), the property owner filed a complaint against several defendants, seeking…
The Massachusetts land court recently considered a motion for summary judgment in a real estate dispute between two neighbors regarding access to a neighboring lot. In the case of McAdams v. FitzMaurice (Oct. 6, 2015), the primary issue was whether the defendants have a right appurtenant to the title to…
In a recently published opinion, the Massachusetts Court of Appeals examined the law of adverse possession and color of title claims in a property dispute surrounding natural, wild lands. In Paine v. Sexton, the plaintiffs sought to register nearly 36 acres of woodlands, based on adverse possession. The defendants argued…
The Massachusetts Court of Appeals recently ruled on a property dispute between neighboring landowners regarding their use and enjoyment of an easement. In Burke v. Spalenza, No. 14-P-594, (Mass. App. Ct. Sept. 2, 2015), the dispute arose when the defendants began parking their large utility vehicle in a manner that prevented…
In a recent real estate case, Siebecker v. Orefice, Mass. App. Ct. (2015), the Massachusetts Appeals Court ruled on an appeal stemming from a lower court decision regarding an easement. The lower court found that the defendant’s right to an easement was both extinguished and abandoned, from which the defendant appealed. The…
Easements are one reason why it’s a good idea to have an experienced Massachusetts real estate lawyer on your side throughout the entirety of your home purchasing process. If there are any encumbrances on the property you are intending to buy, you’ll want to know sooner rather than later. In Perillo v.…