The Massachusetts Court of Appeals recently reviewed an action brought by a home mortgage borrower against the lender and its assignee, alleging that they violated the consumer protection statute by modifying his mortgage, among other claims, and that they should be enjoined from evicting the borrower from his home. In…
The Appeals Court of Massachusetts reviewed a decision by the Land Court in a case involving the ownership and use of a private street. In Anarpet Realty Corp. v. Stutz Motor Car Co., 39 N.E.3d 472 (Mass. App. Ct. 2015), the property owner filed a complaint against several defendants, seeking…
The Massachusetts land court recently considered a motion for summary judgment in a real estate dispute between two neighbors regarding access to a neighboring lot. In the case of McAdams v. FitzMaurice (Oct. 6, 2015), the primary issue was whether the defendants have a right appurtenant to the title to…
The Massachusetts Court of Appeals recently decided a zoning issue involving the development of a commercial horse farm on property previously designated as single-family use. In Lingerman v. 6 Mill Road, LLC (Ct. App. Mass 2015), the plaintiffs appealed a judgment from the Massachusetts Land Court upholding the decision of a…
In a recently published opinion, the Massachusetts Court of Appeals reversed a decision by a local zoning board that waived the requirements of a zoning bylaw regarding sewage limitations for a proposed housing project in Stow. In Reynolds v. Zoning Board of Appeals of Stow, a neighboring property owner of…
The Massachusetts Land Court recently issued an opinion concerning a real estate dispute between neighboring parties. In Doucette v. Nix, the plaintiff filed a claim for title based on adverse possession of a parcel of land located between his property and the property of the defendant, who is the record…
The Massachusetts Court of Appeals reviewed a decision by the Appellate Tax Board in Russell Block Associates v. Board of Assessors of Worcester, ultimately affirming its determination granting the taxpayer a tax abatement on a parking garage. The primary issue in the case was whether the garage was a multiple-use…
In a recently published opinion, the Massachusetts Court of Appeals examined the law of adverse possession and color of title claims in a property dispute surrounding natural, wild lands. In Paine v. Sexton, the plaintiffs sought to register nearly 36 acres of woodlands, based on adverse possession. The defendants argued…
In a newly issued opinion from the Massachusetts Land Court, Nutting v. Nationstar Mortgage, LLC (August 24, 2015), the homeowner-plaintiffs attempted to challenge the validity of a foreclosure sale of their home in their petition to try title pursuant to G.L. c. 240 §§ 1-5. They also argued that the…
In a recently issued opinion, the Massachusetts Land Court examined the meaning of “public way” as used in a provision of the Town of Tisbury’s Zoning By-laws. The court’s use of the definition stated in Fenn v. Town of Middleborough (7 Mass. App. Ct. 80 (1979)) may provide context for…