In a current real estate case, Massachusetts property owners brought an action seeking to annul a special permit granted by the town’s planning board for the construction of a 16-unit housing development. In Parker v. Freedman (Mass. Land Ct. Aug. 26, 2016), the plaintiffs contended the development would negatively affect their…
The Appeals Court of Massachusetts recently decided a case stemming from a home equity conversion mortgage, also known as a reverse mortgage, between a homeowner and her lender. In Fin. Freedom Acquisition, LLC v. Laroche, 90 Mass. App. Ct. 1104 (2016), the bank sought a declaration from the court that…
In a recent case, the Superior Court of Massachusetts took issue with the bad-faith dealings of a corporation involved in easement negotiations with its neighboring residents. In Nicoli v. Gooby Indus. Corp. (Mass. Super. Sept. 2, 2016), the plaintiffs’ residential parcel of land shared a boundary with a manufacturing company. When…
In a recent case, the Court of Appeals of Massachusetts reviewed an easement dispute in which the plaintiff complained of the growing public use of a private way adjacent to his property. In Goff v. Town of Randolph (Mass. App. Ct. Aug. 12, 2016), the plaintiff’s property was located at the…
Boundary disputes between neighbors are not uncommon, and issues regarding adverse possession of bordering property may arise after many years have passed. The Appeals Court of Massachusetts reviewed such a dispute in the case of Paris v. Morris (Mass. App. Ct. Aug. 3, 2016). In Paris, the plaintiff brought a…
In a newly issued opinion, the Supreme Judicial Court of Massachusetts discussed whether the federal government or the Massachusetts Land Court had proper jurisdiction in an easement dispute involving a railroad. In Murray v. Dep’t of Conservation & Recreation (Mass. Aug. 4, 2016), the plaintiffs brought an action to quiet title,…
In a recent case, a Massachusetts Land Court was presented with a motion to vacate judgment to prevent the foreclosure action and sale of property owned by the defendants. In Town of Russell v. Barlow (Mass. Land Ct. July 13, 2016), the town filed a complaint in 2003 to foreclose…
In a recent opinion, the Appeals Court of Massachusetts reviewed a zoning appeal involving the merger of two adjacent lots. In Gallagher v. Zoning Bd. of Appeals of Falmouth (Mass. App. Ct. July 25, 2016), the plaintiff appealed a summary judgment order by the land court, which affirmed a decision…
The Massachusetts Land Court issued an opinion regarding a zoning appeal in Reeve v. Godfrey (Mass. Land Ct. July 12, 2016). The building commissioner issued a building permit for the construction of a single-family home in the same location as a former dwelling. The plaintiffs and other neighboring homeowners appealed…
If certain due process protections were not provided during foreclosure proceedings, this may be grounds to vacate a judgment of foreclosure. In Town of Brewster v. Owners Unknown (Mass. Land Ct. July 8, 2016), the Massachusetts Land Court reviewed a petition to vacate a final judgment of foreclosure of a tax…