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Massachusetts Real Estate Lawyer Blog

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Massachusetts Homeowner Faces Legal Obstacles Appealing a Special Permit Granted to Circus School

The consequences of a zoning board decision are not limited to the subject property but may also affect the neighborhood and wider community.  In certain situations, someone who believes a decision will negatively affect them may challenge a Massachusetts zoning board ruling.  However, Massachusetts law restricts the group of people with…

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Massachusetts Court Examines Early Records to Determine Status of Public Way Passing Through Privately Owned Land

Over many years, the discontinued use of a public road or way could lead to a dispute over ownership, as in a May 9, 2018 Massachusetts real estate case.  The plaintiffs filed the action in the Land Court, seeking a determination that a short, partially paved, and gravel way passing…

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Massachusetts Homeowner Argues Deed Restrictions on Her Property Are Against Public Policy

A deed restriction may significantly affect one’s enjoyment of their own property by prohibiting certain uses, activities, or construction.  The plaintiff in an April 26, 2018 Massachusetts land use case challenged a deed restriction imposed on her property in the Massachusetts Land Court.  She sought a declaration that some of…

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Massachusetts Homeowners Oppose Adjacent Subdivision Development with Undersized Lots

Changes in land use and the development of nearby property is often a cause of concern for residential homeowners.  In an April 19, 2018 Massachusetts real estate case, the plaintiffs challenged a zoning board’s decision to grant a special permit to a developer, the defendant in the case.  The special…

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Massachusetts Court Concludes Town Abandoned Easement over Path on Homeowners’ Property

For many homeowners, an unexpected legal claim against their property is unsettling.  A Massachusetts real estate attorney can explain the options available and represent homeowners in the proceedings.  In an April 6, 2018 case, homeowners sought to prevent the town from using a path on their property to reach a…

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After Discovering Accurate Boundaries, Massachusetts Landowners Litigate Adverse Possession Claim

After a land survey revealed new information regarding the boundary line between two lots, two Massachusetts neighbors disagreed over how to handle ownership of that area.  In an April 3, 2018 Massachusetts real estate case, the plaintiff filed an action in the Massachusetts Land Court asserting that she had acquired…

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Homeowners Defend Against Neighbors’ Claim of Easement Over Their Driveway in Massachusetts Land Use Case

In Massachusetts, land use and ownership can be complicated after a parcel of property has passed through several owners over the course of many years.  In a March 3, 2018 case, the plaintiffs filed an action claiming that they had established a prescriptive easement to pass over part of the defendant’s land.…

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Massachusetts Homeowners Seek Declaration That Road Bordering Their Property Is Public Way

Local municipalities are primarily responsible for the upkeep of public county roads, a duty that would be burdensome for many average residents.  For this reason, the plaintiffs in a March 12, 2018 Massachusetts real estate case sought to establish that the road bordering their property was a public way.  The…

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Massachusetts Homeowners Argue Lack of Standing, Improper Documentation to Defend Against Foreclosure

It is not uncommon for mortgage lenders to assign or transfer their original loan to another financial institution, although it may be confusing to borrowers.  For homeowners involved in a mortgage dispute, guidance from a Massachusetts real estate attorney can alleviate the complexity regarding their rights against each bank.  In…

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