Certain rights in property may be granted to non-owners, including the right to use another party’s property for a particular purpose, which is referred to as an easement. Disputes regarding the scope of the easement may arise if that use changes or becomes overloaded, as in the case of Kent…
In some cases, there may be grounds to defend against a foreclosure on your home and bring a counterclaim to recover damages. In Fitchburg Capital, LLC v. Bourque (Mass. Land Ct. Nov. 14, 2016), the Massachusetts Land Court decided an appeal concerning issues related to the mortgage foreclosure on the…
In specific circumstances, the law will recognize a non-owner’s rights in another party’s land, which may arise in the form of an easement. The Massachusetts Land Court recently addressed this issue when deciding a plaintiff’s claim of a prescriptive easement over her neighbor’s driveway. In Dinino v. Newman (Mass. Land…
When a local planning board makes a decision regarding a real estate matter, adversely affected landowners may be able to appeal and argue their case. In Siok v. Planning Bd. of Ludlow (Mass. App. Ct. Oct. 31, 2016), the Appeals Court of Massachusetts reviewed a decision by a planning board, which…
In some cases, there may be restrictions or conditions affecting the title or use of real property. The Massachusetts Land Court recently decided a real estate dispute involving the validity of a lot size restriction on a parcel of land in Nair v. Nantucket Land Council, Inc. (Mass. Land Ct.…
Beachfront property can involve interesting legal issues as a result of changing shorelines. Accretion occurs when the line between water and land is changed by the gradual deposit of alluvial soil upon the margin of the water. In a recent real estate case, Brown v. Kalicki (Mass. App. Ct. Oct. 20,…
The Appeals Court of Massachusetts found in favor of homeowners who were sued by their mortgage company after it failed to obtain the signature of the borrower’s spouse on the paperwork. In Salem Five Mortg. Co., LLC v. Lester (Mass. App. Ct. Oct. 13, 2016), the defendant filed a complaint…
The Supreme Judicial Court of Massachusetts recently decided an easement dispute involving a nature preserve and a neighboring landowner in Taylor v. Martha’s Vineyard Land Bank Comm’n (Mass. Oct. 11, 2016). At issue was whether the owner of the nature preserve could use an easement on the plaintiffs’ property to access…
Ownership disputes can arise years after property was purchased or originally deeded. Speaking to this issue, the Appeals Court of Massachusetts released an opinion in the case of Knapp v. Powicki (Mass. App. Ct. Sept. 29, 2016). Knapp concerned the ownership and easement rights over a proposed street located between two…
Many times, increased development or changed uses of land are opposed by neighboring residential property owners. In Franson v. City of Woburn (Mass. Land Ct. Sept. 14, 2016), the Massachusetts Land Court decided a zoning dispute involving a development group seeking to construct 18 townhouses. The property at issue was…