If someone files a frivolous real estate action against you, you may be able to recover your attorneys’ fees from defending against the claim. A December 18, 2017 case before the Massachusetts Land Court demonstrates this situation. In the case, a town sold a parcel of land to the defendants.…
Massachusetts Real Estate Lawyer Blog
Massachusetts Landowners Re-Litigate Boundary Dispute After Acquiring Additional Parcel
Property law can seem complicated, but an experienced Massachusetts real estate attorney can guide you through the necessary legal proceedings. In a December 8, 2017 case, a boundary line dispute came before the Massachusetts Land Court for a second time. The location of the boundary line was first addressed in…
Massachusetts Court Rules Restrictions on Subdivision Lots Subject to Thirty-Year Limitation
Restrictions, often known as covenants, bind landowners to specific provisions concerning their property. In a December 5, 2017 Massachusetts real estate case, the Appeals Court considered whether certain restrictions on land had expired, or whether the restrictions had been legally and effectively extended. The plaintiffs in the case filed an action…
Massachusetts Homeowners Acquire Ownership Rights to Portion of Neighbor’s Lot
Confusion over boundary lines and property ownership can eventually lead to a legal action filed before a court. Many Massachusetts adverse possession claims are argued before the Massachusetts Land Court, which shares jurisdiction with other courts over most real property cases in the state. In a August 29, 2017 decision, the…
Massachusetts Church and Town Dispute Ownership of Cemetery Land Conveyed in 1743 Deed
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…
Massachusetts Landowner Wins Appeal for Building Permit to Construct Residence on Vacant Lot
Building a dwelling on your own property typically requires a special permit or approval from a local zoning board. That decision can be appealed, as the plaintiffs appealed the denial of their building permit application in a November 2, 2017 Massachusetts zoning case before the Land Court. The plaintiffs in the…
Massachusetts Property Owners Oppose Decision Allowing Multi-Family Dwelling on Single-Family Lot
In some situations, nearby property owners have the right to object to decisions made by local zoning boards. These cases typically involve interpreting deeds and applying the real property laws of Massachusetts and local bylaws. In an October 5, 2017 case, the Massachusetts Land Court considered a challenge brought by plaintiffs…
Massachusetts Residents Challenge Decision to Lease Town Property to Solar Company
Massachusetts state and local zoning laws generally have the most direct impact on how land can be used, but in some cases, constitutional issues may arise. An October 18, 2017 case illustrates a Massachusetts land use matter challenged by town residents on the basis of the Massachusetts Constitution. The local planning…
Property Owner and Massachusetts Town Clash Over Easement Rights in Real Estate Case
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…
Massachusetts Property Owner Petitions to Register Title to Salt Meadow Based on 1886 Deed
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…