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 case before the Massachusetts Land Court, the plaintiffs filed an action against the subdivision developer that sold them their home. The dispute concerned the ownership and use of a lane to access other houses within the subdivision.
The plaintiffs in the case purchased their house from the defendant in 2002. The defendant retained ownership of several acres of land abutting the plaintiffs’ property, intending to develop the parcel as a multi-house subdivision. The defendant therefore insisted upon a rider to the parties’ purchase and sale agreement, providing that the plaintiffs agreed not to interfere with the planned subdivision and acknowledged that the defendant may grant an easement on the property to serve that subdivision.
In 2017, the defendant finally received approval to build 20 homes on the parcel abutting the plaintiffs’ property. The permit also allowed the defendant to build a lane providing access to a street from the subdivision. The plaintiffs filed a quiet title action against the defendant, asserting that the easement was intended to serve a maximum of four homes and that the easement would be overburdened by a lane serving the proposed subdivision.