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,…
Over many years, the discontinued use of a public road or way could lead to a dispute over ownership, as in a May 9, 2018 Massachusetts real estate case. The plaintiffs filed the action in the Land Court, seeking a determination that a short, partially paved, and gravel way passing…
For many homeowners, an unexpected legal claim against their property is unsettling. A Massachusetts real estate attorney can explain the options available and represent homeowners in the proceedings. In an April 6, 2018 case, homeowners sought to prevent the town from using a path on their property to reach a…
Local municipalities are primarily responsible for the upkeep of public county roads, a duty that would be burdensome for many average residents. For this reason, the plaintiffs in a March 12, 2018 Massachusetts real estate case sought to establish that the road bordering their property was a public way. The…
Land used by many members of the community, such as parks and other recreational public property, is subject to zoning regulations and other laws that may apply. In an October 2, 2017 Massachusetts real estate case, the Supreme Judicial Court considered an action brought against a city by its residents, who…
When the ownership or right to use a road is in dispute, the issue may need to be settled by a court of law. An August 30, 2017 Massachusetts real estate case illustrates a controversy between a homeowner and the town concerning the status of a roadway. The plaintiff sought a…
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…
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…
Beachfront property can involve interesting legal issues as a result of changing shorelines. Accretion occurs when the line between water and land is changed by the gradual deposit of alluvial soil upon the margin of the water. In a recent real estate case, Brown v. Kalicki (Mass. App. Ct. Oct. 20,…
The Cycle of Homelessness and Addiction Nothing is sadder than the sight of homeless men and women sleeping in private doorways or public parks even in the nicest neighborhoods. One solution that appears to be gaining ground is the construction of sober living facilities, designed to break the cycle of homelessness…