An easement is the legal right to a particular, limited use of property by someone other than the owner of the property. In some cases, the existence of an easement may become unclear after the property has passed down through different owners over many years. In a February 23, 2018 opinion, the appeals…
The property interests of condo unit owners are typically defined in the Master Deed. If legal disputes arise regarding the residents’ usage of the common areas, facilities, or parking garages of their building, the Master Deed may determine the rights of the respective parties, as in a May 14, 2018 Massachusetts real…
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…
A deed restriction may significantly affect one’s enjoyment of their own property by prohibiting certain uses, activities, or construction. The plaintiff in an April 26, 2018 Massachusetts land use case challenged a deed restriction imposed on her property in the Massachusetts Land Court. She sought a declaration that some of…
After a land survey revealed new information regarding the boundary line between two lots, two Massachusetts neighbors disagreed over how to handle ownership of that area. In an April 3, 2018 Massachusetts real estate case, the plaintiff filed an action in the Massachusetts Land Court asserting that she had acquired…
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…
To succeed in a Massachusetts adverse possession claim, the claimant must prove all of the elements required to establish his or her claim to a particular portion of land. In a January 19, 2018 case, the land court considered a claim of adverse possession by an abutting landowner and claims to…
Many Massachusetts property owners will discover that their property lines were drawn hundreds of years ago, with boundaries that are not clearly described or marked in the original and successive deeds. A Massachusetts real estate attorney can provide legal guidance regarding disputes that arise under these circumstances. An August 18, 2017…
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…
Property descriptions contained in deeds that were written a century ago can be difficult to interpret, and this may eventually lead to title disputes. In a September 27, 2017 Massachusetts real estate case, a plaintiff filed a petition with the Land Court to confirm title to an unregistered portion of property…