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…
Sharing an alleyway with other property owners can be frustrating, especially when their right to use the alley is in question. In a September 19, 2017 Massachusetts real estate case, the appeals court considered the nature and extent of the defendants’ right to use a 10-foot-wide passageway running between their property…
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…
Failing to pay local property taxes can result in serious consequences, including property liens and even foreclosure. An August 30, 2017 case before the Land Court involved a Massachusetts foreclosure action brought by the town of Charlemont against the defendants after they stopped paying real estate taxes in 1992. The…
In most cases, a mortgage on property must be paid back to the lender according to an agreed upon schedule. In an August 2, 2017 Massachusetts real estate case before the Land Court, the parties involved did not have a traditional bank mortgage arrangement. The plaintiff had filed a petition…
Massachusetts zoning laws regulate the manner and extent to which property can be used. An August 18, 2017 Massachusetts real estate case brought before the Land Court illustrates a land use dispute involving neighboring homeowners. One of the homeowners had requested that the town’s building commissioner take a zoning enforcement action…
Property can be restricted in any number of ways through various legal means, such as a covenant or easement, often surviving a transfer of ownership. In an August 11, 2017 Massachusetts real estate case, a plaintiff sought a declaratory judgment from the Land Court stating that she had an affirmative…
Massachusetts real estate disputes often arise when property owners feel that changes proposed by other landowners would adversely affect their property rights. In a July 26, 2017 case, the Appeals Court of Massachusetts considered whether a local planning board properly approved a modification of a 1947 subdivision plan that abandoned…
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…