The Massachusetts Land Court issued a decision on April 19, 2017 settling a long-running real estate dispute involving the plaintiffs’ claim to a 1.7-mile stretch of beach on the south shore of Martha’s Vineyard. The court had previously determined that the plaintiffs did not have a title interest in the beach as…
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…
Property owners may apply for special permits allowing them to construct non-conforming buildings or renovations on their land. In some cases, the grant of such a permit may be challenged by abutting neighbors. The Massachusetts Land Court recently reviewed a zoning board decision in an April 6, 2017 appeal. The defendant in…
Gaining title to property through adverse possession generally requires that certain legal elements be proven in court. The Massachusetts Land Court issued a decision on April 6, 2017, discussing the criteria for acquiring ownership in such a manner. In the case, the plaintiff claimed adverse possession of an 8,600-square foot,…
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…
Some homeowners can choose to take a bank loan secured by a reverse mortgage on their property, but they should be aware of the potential consequences in the event of a default. In a January 18, 2017 case before the Massachusetts Land Court, a bank sought a determination of its…
Whether or not a property owner can challenge a zoning decision regarding another property depends on his or her standing. The Massachusetts Land Court decided a March 13, 2017 case in which the defendants argued that the plaintiff lacked standing to object to a local zoning board decision. The court provided…
In some situations, a well-traveled path through another’s personal property may give rise to an easement over time. In a case decided on March 7, 2017, the Appeals Court of Massachusetts reviewed whether the plaintiffs were entitled to use a path located on the defendants’ property in order to access…
It is not unusual for legal disagreements to arise out of an easement or the permissible use of one’s property by non-owners. Recently, the Appeals Court of Massachusetts issued a January 30, 2017 decision in which it determined the rights of neighboring landowners over three disputed right of ways. The…
Many local zoning bylaws regulate the use of residential property in a town or municipality. In a November 7, 2016 decision, the Massachusetts Land Court considered whether a local bylaw prohibiting airfields was invalid. The plaintiffs in the case were ordered by the town’s building inspector to cease and desist…