A dispute over parking may become a legal issue if it interferes with the property rights of one or more individuals. For many condo residents, legal claims pertaining to their building may only be asserted by the owner, which is typically a condominium trust. In such cases, the interests of…
It is not uncommon for issues regarding property ownership to arise after the death of one of the co-owners. In a December 19, 2018 Massachusetts real estate case, the Land Court decided a partition action among three brothers who co-owned a residential property. During the course of the legal proceedings, however, one…
Litigating ownership disputes in Land Court may be a way to establish clear title to property. In a November 14, 2018 Massachusetts real estate case, the plaintiff filed an action asserting his rights in a private way against the defendant, who was the owner as a matter of record. The plaintiff in…
Individuals seeking to improve a private road will generally need the consent of the owner, even if they have some property rights to use the road. In a December 4, 2018 Massachusetts real estate case, the plaintiffs initiated legal action against the defendant in Land Court after he refused to…
New construction and major changes to property may have an unwelcome impact on other homeowners. Whether or not a person can formally contest a proposed change, however, depends on if they have standing to bring a legal action. The question of standing was one of the main issues in a…
A poorly delineated property boundary in a densely populated neighborhood is a condition that often causes tension between neighbors. This situation is what eventually led to the dispute between a business condominium association and a residential homeowner in a November 19, 2018 Massachusetts real estate case. The defendant in the…
Resolving zoning violations may require compromise in unusual situations. In a November 9, 2018 Massachusetts real estate case, the Land Court was tasked with deciding the fate of a house that was constructed in violation of the local zoning bylaws. The plaintiff in the case owned a single family residence across…
Surveying historical boundaries of lands in Massachusetts can be a complex task. It may require searching and deciphering markings, monuments, and records that are many years old. In a November 5, 2018 Massachusetts property case, the Land Court faced several obstacles as it attempted to determine an accurate boundary line between two…
Acquiring legal title to real property can be complex, particularly if the land is old or abandoned. In unusual situations, the knowledge of a Massachusetts real estate attorney may be beneficial to achieve your goals. In an October 26, 2018 case, the plaintiffs sought to obtain title to the vacant,…
The legal rights of Massachusetts condominium owners are provided by state laws and may be further defined in the Master Deed to their condo. For many people, consulting a Massachusetts real estate attorney is helpful to gain a better understanding of these documents and laws. An October 5, 2018 case…