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Massachusetts Real Estate Lawyer Blog

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Massachusetts Plaintiffs Seek Access Easement to Reach Mainland from Property Located on Peninsula

Easements can be vital to allow access to and from a parcel of property.  In a recent Massachusetts real estate case, the plaintiffs filed an action in Land Court seeking to establish that they held an access easement over land owned by the defendant.  When the Land Court granted a…

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Massachusetts Homeowners Oppose Developer’s Claim for Stormwater Drainage Rights onto Their Property

A drainage easement allows for part of an owner’s property to be used for runoff and stormwater drainage purposes.  They are typically written in the deed to the property, but a party may argue that it has acquired drainage rights by prescription, as in a September 14, 2018 Massachusetts real…

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Massachusetts Property Owners Seeking Approval to Build House Encounter Frontage Issues

Owners of vacant parcels of land often seek to construct single-family homes on the empty lots.  In most situations, Massachusetts property owners will need to obtain a permit from the local zoning authority to build a new home.  The plaintiffs in a September 27, 2018 case sought approval to build…

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Homeowners and Beach Association Vie for Ownership of Sand Strip in Massachusetts Real Estate Case

Longstanding or frequent disputes between property owners may be difficult to resolve outside of court.  The parties involved in a September 25, 2018 Massachusetts real estate case had clashed over their respective property rights in a sandy beach area for more than a dozen years.  Following a bench trial and…

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Plaintiff Files Action in Massachusetts Land Court Seeking to Reclaim Ownership of Property

Understanding your rights in real property may be crucial when making legal decisions concerning that property, as illustrated in an August 15, 2018 Massachusetts real estate case.  The dispute centered around property that had been the plaintiff’s home since 1987.  The plaintiff had initially owned the property, but he lost…

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Massachusetts Homeowners Succeed in Action Against Developer to Oppose Access Road Through Their Property

The actions of developers and other businesses may have lasting effects on the properties of residential homeowners.  When the change is unwanted or unwarranted, homeowners may be able to take legal steps to protect their property rights.  In a September 7, 2018 Massachusetts real estate case, the homeowners succeeded in…

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Plaintiff Seeks Partition of Jointly Owned Property from Massachusetts Court

Dividing property held in joint ownership may require a court order in cases where the owners cannot reach an agreement.  In a September 5, 2018 Massachusetts real estate case, the Appeals Court reviewed an order of a lower court dividing the property owned by the parties. The parties in the…

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Massachusetts Court Recognizes Easement But Holds Defendants Have No Rights in It

In Massachusetts, a right of way easement may be legally recognized or established in different ways.  In an August 10, 2018 case, adjacent property owners brought their dispute regarding a right of way easement before the Massachusetts Land Court.  The defendants in the case claimed the right to use a…

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Massachusetts Property Owner Succeeds in Obtaining Approval to Divide Land on Appeal

Making certain changes to your property, such as dividing or building on your lot, may be subject to local zoning laws in Massachusetts.  These changes typically require approval, as illustrated in an August 15, 2018 case before the Massachusetts Land Court. The plaintiff in the case owned a large parcel…

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Massachusetts Homeowners Battle Subdivision Developer Over Right of Way on Their Property

The purchase and sale agreement between a buyer and seller of property contains important details about the transaction.  A Massachusetts real estate attorney can explain the terms of the purchase and sale agreement so that a home buyer understands the consequences of signing the contract.  In an August 3, 2018…

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