In a recent decision, the Appeals Court of Massachusetts reversed the judgment of a lower court in a case involving an easement dispute. In Melrose Fish & Game Club, Inc. v. Tennessee Gas Pipeline Co., LLC, 89 Mass. App. Ct. 594 (2016), the defendant, a gas pipeline company, constructed a natural…
In a recent zoning appeal, the Massachusetts Court of Appeals decided the question of whether neighboring residents could continue their attempt to block a permit allowing the construction of a building on an empty lot after missing a filing deadline. In McIntyre v. Zoning Bd. of Appeals of Braintree, 89…
Property disputes are not uncommon between landowners, particularly those with neighboring lots. The Massachusetts Land Court recently reviewed a real estate lawsuit between neighbors involving claims of record ownership and adverse possession in the case of Evans v. Jackson (Mass. Land Ct. June 15, 2016). In Evans, the defendants owned…
Some foreclosure cases can become complicated, especially when multiple actions are filed in different courts with jurisdiction over a particular aspect of the dispute. In Merrill Lynch Credit Corp. v. Bishay (Mass. Dist. Ct. May 6, 2016), the foreclosure sale purchaser brought a residential summary process action against the former…
In a recent decision, the Massachusetts Land Court reviewed a case involving an easement dispute between two neighboring landowners. In Teare v. Stockwell (Mass. Land Ct. May 20, 2016), the parties lived across from each other on a private way and disagreed as to their respective rights to use the lane. The first question…
In a new opinion, the Appeals Court of Massachusetts reviewed a foreclosure case involving a summary process action brought against the mortgagor-occupant. In Gold Star Homes, LLC v. Darbouze, 89 Mass. App. Ct. 374 (2016), the defendant and mortgagor initially filed a complaint with the Land Court against the plaintiff…
The Massachusetts Court of Appeals recently decided a zoning issue involving a private, noncommercial aircraft landing area on the residential property of the plaintiff. In Hanlon v. Town of Sheffield (Mass. App. Ct. May 13, 2016), the plaintiff owned nearly 40 acres of land, which included his residence as well as…
In a recent case, the Appeals Court of Massachusetts reviewed a decision by the Land Court involving a permit to rebuild a nonconforming residential structure that was destroyed by a hurricane years before. In Chiaraluce v. Zoning Bd. of Appeals of Wareham, 48 N.E.3d 475 (Mass. App. 2016), the property…
Many legal disputes arise due to uncertainties concerning the ownership of land, particularly near property lines. In Salera v. Weinstein (Mass. Land Ct. Apr. 22, 2016), the plaintiff brought an action to try title, seeking a determination that a fence bordering the defendant’s property was located entirely within the plaintiff’s property,…
In a recent decision, the Massachusetts Land Court was presented with the question of whether the defendants had a legal right of access or easement to their undeveloped parcel of land at the dead end of a street. In Diodati v. Kohl (Mass. Land Ct. Apr. 13, 2016), the plaintiffs…