The Massachusetts Land Court recently considered a July 11, 2017 real estate case, which involved a 19th-century railroad easement in the plaintiffs’ property. The easement at issue ran along the border of the plaintiffs’ property, and it was last used by the railroad in 1972. The railroad’s interests in the easement…
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…
Generally, any party to a lawsuit can appeal an unfavorable decision by a lower court or another local authority. In a Massachusetts adverse possession decision released on July 24, 2017, the Appeals Court of Massachusetts reviewed a ruling of the land court in an appeal filed by the plaintiff. The…
Land use and zoning laws regulate how people and businesses can use and build upon their property. Property owners are not completely restricted, however, and may seek approval from the local government of plans that do not conform with the laws. In a June 22, 2017 case, the Massachusetts Land Court…
Before someone can challenge the validity of a permit issued to another landowner, that person must have legal standing. In a June 12, 2017 case, the issue for the Massachusetts Land Court was whether a plaintiff who lived across from the defendant’s property had standing to appeal a special permit…
If a zoning board decision affects other adjoining or nearby landowners, they may be able to appeal the ruling. The Massachusetts Land Court reviewed a case on June 7, 2017 in which the defendants had obtained approval from the local zoning board to tear down a lawfully nonconforming garage on their property…
Before making changes to an existing building or constructing a new one, property owners may have to obtain approval from the local government. In a May 30, 2017 case, the Massachusetts Land Court reviewed a zoning board decision granting a variance to the defendants for the construction of a new house on their…
Typically, a person who claims a right to use a certain portion of property owned by the title holder will typically file an action to acquire legal recognition of that right. The Massachusetts Land Court decided a case on May 1, 2017 involving the plaintiff’s claim of a prescriptive easement…
In some cases, home owners may need to seek approval from local officials before making significant changes to their properties. In a May 5, 2017 opinion, the Massachusetts Land Court reviewed a zoning board decision rejecting a building permit application filed by the plaintiff. The key question for the court was…
When faced with an impending mortgage foreclosure, many homeowners may have defenses or other legal options that could result in a more favorable outcome. The Appeals Court of Massachusetts recently reviewed a case on March 31, 2017 that involved defendants who had lost their home to foreclosure. At the foreclosure sale…