In Massachusetts, beach access can be a significant feature of a residential real estate property. In a March 5, 2018 case, the primary issue before the Appeals Court of Massachusetts concerned the ownership of, and access to, a beach situated near the parties’ homes. The Land Court had ruled that…
If you are opposed to a local government decision regarding land use, you may be able to bring an appeal if you are an aggrieved person as defined by law. In a February 16, 2018 Massachusetts land use case, the Land Court considered whether a plaintiff had legal standing to…
In order to make certain improvements to your property, you may need approval from a local planning board. If the process does not end in a favorable decision, you can appeal. A February, 1, 2018 real estate case before the Land Court arose out of the plaintiffs’ efforts to develop…
It may seem unusual that, despite owning a parcel of property, some non-owners may have a limited right to use a portion of it. One of the legal devices to convey such use is called an easement. In a December 20, 2017 case, a plaintiff filed an action with the…
Many people consult with a Massachusetts land use attorney before engaging in a particular activity on their residential property in order to understand relevant zoning restrictions. While zoning is generally determined by the local government, in some cases, federal or state law may have an effect, as illustrated in a…
To succeed in a Massachusetts adverse possession claim, the claimant must prove all of the elements required to establish his or her claim to a particular portion of land. In a January 19, 2018 case, the land court considered a claim of adverse possession by an abutting landowner and claims to…
Many foreclosure actions are complex, making them difficult to defend without assistance from a Massachusetts real estate attorney. In a January 10, 2018 case before the Appeals Court of Massachusetts, a homeowner and her son were the defendants in a foreclosure summary process complaint brought by the mortgage company. Although the defendants filed…
Many property owners become concerned when areas in their neighborhood undergo zoning changes and are used for purposes not originally intended. The landowners in a January 5, 2018 Massachusetts land use case took action after learning of zoning changes in their neighborhood. In the case, the city council had approved a zoning amendment…
Agreements concerning your property can be enforced by the court if they are not performed by the other party. In a December 15, 2017 case, the Appeals Court of Massachusetts decided a dispute between the plaintiffs and a company that owned the neighboring property. The Massachusetts real estate case involved…
Some parcels of land are subject to an easement, which allows people other than the owner to use the owner’s property for a particular purpose. If you believe you have an easement over land in Massachusetts, you can petition the land court for a declaratory judgment outlining your rights. In…