One of the most important factors in a Massachusetts prescriptive easement claim is whether the claimant’s use of the property was permissive or adverse. The Land Court recently addressed this issue when deciding an April 5, 2019 case. The plaintiff in the case sought to improve a section of a…
In a Massachusetts real estate action to clear title, a person seeks a court order that they are the owner of the property and that there are no other valid legal claims that may be made against the property. An April 1, 2019 title action decided by the Land Court illustrates how…
In Massachusetts, certain uses and activities must be permitted under local zoning laws or approved by the proper authority before they are allowed to take place on a specific parcel of property. In a March 21, 2019 Massachusetts zoning case, the plaintiffs sought to reverse a local decision that prevented…
In some situations, a person may establish title by adverse possession in a legal action filed with the Massachusetts Land Court. The plaintiffs in a March 4, 2019 Massachusetts adverse possession case claimed title to an additional eight foot wide strip of land along the eastern boundary of their property. They brought 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…
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…
It is not uncommon for issues regarding property ownership to arise after the death of one of the co-owners. In a December 19, 2018 Massachusetts real estate case, the Land Court decided a partition action among three brothers who co-owned a residential property. During the course of the legal proceedings, however, one…
Litigating ownership disputes in Land Court may be a way to establish clear title to property. In a November 14, 2018 Massachusetts real estate case, the plaintiff filed an action asserting his rights in a private way against the defendant, who was the owner as a matter of record. The plaintiff in…
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…
Surveying historical boundaries of lands in Massachusetts can be a complex task. It may require searching and deciphering markings, monuments, and records that are many years old. In a November 5, 2018 Massachusetts property case, the Land Court faced several obstacles as it attempted to determine an accurate boundary line between two…