In a newly published decision, the Supreme Judicial Court of Massachusetts determined whether easements by necessity were created as a result of an 1878 partition of Native American common land in the town of Aquinnah (formerly known as Gay Head). In Maria A. Kitras, trustee, & others v. Town of…
Neighboring landowners often find themselves in boundary disputes regarding their property lines. In a recent decision, the Appeals Court of Massachusetts determined the issues of whether the plaintiffs had gained title to an area of property through adverse possession, and if so, whether they could hold the record landowners liable…
In a recent case, the Appeals Court of Massachusetts decided the issue of whether a plaintiff could raze an existing detached garage on his property and construct a dwelling in its place in accordance with local zoning by-laws. In Cain v. Bd. of Appeals of Wilmington (Mass. App. Ct. Mar.…
In Skawski v. Greenfield Inv’rs Prop. Dev. LLC, 45 N.E.3d 561, 562 (Mass. 2016), the Supreme Judicial Court of Massachusetts decided the issue of whether a law granted exclusive subject matter jurisdiction to the permit session of the Land Court and to the Superior Court to hear certain major development…
In a recent decision, the Appeals Court of Massachusetts reviewed a decision from the Tax Board affirming the plaintiffs’ property valuation as determined by the local board of assessors. In Sliski v. Bd. of Assessors of Lincoln, 45 N.E.3d 612 (Mass. App. Ct. 2016), the plaintiffs owned two parcels of…
In a recent case, the Massachusetts Land Court considered a challenge brought by several plaintiffs with respect to planned redevelopment on the property of the defendants, a county fairgrounds organization. In Tymoczko v. Three Cty. Fairgrounds Redevelopment Corp. (Mass. Land Ct. Mar. 9, 2016), the plaintiffs sought a determination that…
It is not uncommon for neighboring landowners to dispute ownership of areas bordering their respective properties. In a recent decision, the Massachusetts Land Court determined the issue of whether a plaintiff gained title to an area of property through adverse possession. In MacNevin v. Carroll (Mass. Land Ct. Feb. 25,…
In a recent decision, the Appeals Court of Massachusetts reviewed a real estate dispute involving a nuisance claim between neighboring property owners. In Maffei v. Johnson (Mass. App. Ct. Feb. 19, 2016), a landowner (who had since died) had filled and leveled a portion of his property over many years.…
The Massachusetts Land Court recently issued a ruling in a real estate dispute involving zoning relief pursuant to G.L. c. 40A, § 6. In Bjorklund v. Trezise (Mass. Land Ct. Feb. 3, 2016), the plaintiff filed a complaint appealing the decision of the Zoning Board of Appeals, which had denied…
The Appeals Court of Massachusetts released a recent opinion in a real estate case, Goddard v. Goucher (Mass. App. Ct. Feb. 2, 2016), addressing whether a purchase and sale agreement was valid and enforceable. The plaintiff filed the action seeking enforcement of a 2007 purchase and sale agreement. However, despite…