A disagreement between property owners regarding their respective boundary lines may lead to legal action. In a July 30, 2018 opinion, the Massachusetts Land Court decided a case concerning the ownership of a disputed area along the boundary line between the parties’ properties. The area at issue was the driveway…
Massachusetts Real Estate Lawyer Blog
Landowners File Cross-Claims for Adverse Possession and Quiet Title in Massachusetts Real Estate Case
A dispute between the title owner of a piece of land and an adverse possessor of land may be settled by the court in an action before the Massachusetts Land Court. In a July 18, 2018 Massachusetts real estate case, the plaintiff sought to quiet title in the face of adverse possession assertions…
Massachusetts Landowner Files Action Alleging Neighbor Has Overburdened Easement
The right to cross another person’s land via an easement may be subject to limitations. In a July 6, 2018 Massachusetts real estate case, one of the issues for the Land Court was whether an easement located on the plaintiffs’ land had been overburdened by the defendants’ use over time. …
Pet Sale Business in a Massachusetts Residence Subject to Zoning Regulations
Before conducting business out of a residential home, it may be wise to consult with a Massachusetts real estate attorney familiar with the local zoning laws. The property owners involved in a July 6, 2018 case operated a commercial kennel and pet store out of their residentially-zoned property. After the…
Massachusetts Homeowners Granted Easement Over Neighbors’ Private Way to Access Highway
In certain instances, using a private road on another person’s property over many years may give rise to a property interest. In a June 26, 2018 Massachusetts real estate case, the plaintiffs had been using the defendants’ private road to access a main throughway from their property. They filed an action…
Massachusetts Town Claims Title to Water Rights in Lake Located on Defendant’s Property
Some restrictions on property are limited in their duration, often either through the express terms of the instrument or by statute. In a May 18, 2018 Massachusetts real estate case, the issue concerned the water usage rights of a local town in a lake located on the defendant’s property. The parties disputed whether…
Massachusetts Landowners Seek Access Over Neighboring Property Through Discontinued Public Easement
People who claim the right to an easement on another person’s property may need to take legal action if the existence of the easement is disputed. At issue in a June 7, 2018 Massachusetts real estate case were the plaintiffs’ rights, if any, to access their woodlands by going through…
Massachusetts Homeowner Successfully Reverses Foreclosure Judgment on Appeal
The foreclosure process for a residential mortgage loan can seem daunting, but the borrower may have defenses against foreclosure. In a May 11, 2018 Massachusetts foreclosure action, the Appeals Court of Massachusetts found in favor of a homeowner fighting against foreclosure. Ultimately, the court reversed the judgment of the lower court and…
Massachusetts Beachfront Property Owners Take Legal Action to Determine Location of Right of Way Easement
An easement is the legal right to a particular, limited use of property by someone other than the owner of the property. In some cases, the existence of an easement may become unclear after the property has passed down through different owners over many years. In a February 23, 2018 opinion, the appeals…
Condo Unit Owners Spar Over Parking Rights in Massachusetts Land Court Case
The property interests of condo unit owners are typically defined in the Master Deed. If legal disputes arise regarding the residents’ usage of the common areas, facilities, or parking garages of their building, the Master Deed may determine the rights of the respective parties, as in a May 14, 2018 Massachusetts real…