Individuals may have the right to appeal a decision from their local zoning board if the matter directly affects them or their property. The Massachusetts Land Court reviewed such an appeal in a January 3, 2017 case, in which the plaintiffs objected to a decision of the Zoning Board of Appeals. …
Property rights are often defined in a contract executed by the parties involved in the transaction. In an August 1, 2016 decision, the Massachusetts Land Court examined a contract for a reverse mortgage in order to determine the right of the mortgage lender to foreclose. The lender had used a…
Some residential real estate deeds include provisions that limit or dictate what can be done with the property, often known as restrictive covenants. In a recent case (Mass. Land Ct. Jan. 25, 2017), the Massachusetts Land Court considered whether an option to repurchase land, styled as a restrictive covenant, could be…
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…
In a recent case before the Massachusetts Land Court, a real estate developer filed an action against the adjacent property owners and neighborhood association, claiming an easement for vehicular passage over their lots. In Bucks Hill Realty, LLC v. Gill (Mass. Land Ct. Jan. 11, 2017), the developer-plaintiff sought a…
In Massachusetts, a residential real estate property may be subject to restrictions contained in the deed, as well as other zoning and land use regulations. In Clish v. Paradise (Mass. Land Ct. Jan. 9, 2017), the Massachusetts Land Court decided a dispute involving neighboring residents of a subdivision development. The…
In a recent case, the Massachusetts Land Court ruled on whether a bank could reform an existing mortgage it held with the defendant. In JP Morgan Chase Bank, N.A. v. Niakaros (Mass. Land Ct. Dec. 13, 2016), the defendant had sought a personal loan in 2007 to pay off an…
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.…
In some situations, there may be an exception to a zoning ordinance that would otherwise prohibit a particular activity or change to a property. In a recently published opinion, the Appeals Court of Massachusetts reviewed a case in which the defendant sought and received a dimensional variance from the zoning board, allowing it…