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…
In a July 7, 2017 decision, the Massachusetts Land Court addressed a real estate dispute between condominium owners over their respective rights to access certain areas of the property. The parties were unit owners in a two-unit, residential condo. The plaintiffs in the case sought to prevent the defendants from installing…
In many situations, property owners must pursue judicial action to determine their rights in real estate matters. In a March 23, 2017 case, the Massachusetts Land Court resolved a boundary dispute between the owners of adjacent properties. The area in dispute was a portion of the plaintiffs’ driveway, which ran parallel…
Latent disagreements regarding property lines often come to a head when one party constructs a fence along his or her purported boundary. In a March 27, 2017 decision, the Massachusetts Land Court settled a real estate dispute between two neighbors. The plaintiff brought a claim of trespass against the owner…
Property conveyances are typically complex, and errors or ambiguities in the deed can lead to litigation years into the future. This point is demonstrated in a recent case, Powell v. Ashley (Mass. Land Ct. Nov. 21, 2016), which concerns a 1973 deed that became the source of a years-long dispute…
The Massachusetts Land Court recently decided an interesting legal issue regarding the impact of a judgment execution on joint tenancy ownership in McHugh v. Zanfardino (Mass. Land Ct. Dec. 14, 2016). The question to be answered in the quiet title action was whether the recording of an execution by a judgment creditor…
If a record title of property is clouded by an adverse claim, or even the possibility of one, the property owner may “try title” by filing a petition with the court and requesting that it summon any adverse claimants. In the case of Blakeman v. Cellini (Mass. Land Ct. Nov.…