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…
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…
Confusion over boundary lines and property ownership can eventually lead to a legal action filed before a court. Many Massachusetts adverse possession claims are argued before the Massachusetts Land Court, which shares jurisdiction with other courts over most real property cases in the state. In a August 29, 2017 decision, the…
Many Massachusetts property owners will discover that their property lines were drawn hundreds of years ago, with boundaries that are not clearly described or marked in the original and successive deeds. A Massachusetts real estate attorney can provide legal guidance regarding disputes that arise under these circumstances. An August 18, 2017…
Generally, any party to a lawsuit can appeal an unfavorable decision by a lower court or another local authority. In a Massachusetts adverse possession decision released on July 24, 2017, the Appeals Court of Massachusetts reviewed a ruling of the land court in an appeal filed by the plaintiff. The…
Typically, a person who claims a right to use a certain portion of property owned by the title holder will typically file an action to acquire legal recognition of that right. The Massachusetts Land Court decided a case on May 1, 2017 involving the plaintiff’s claim of a prescriptive easement…
The Massachusetts Land Court issued a decision on April 19, 2017 settling a long-running real estate dispute involving the plaintiffs’ claim to a 1.7-mile stretch of beach on the south shore of Martha’s Vineyard. The court had previously determined that the plaintiffs did not have a title interest in the beach as…
Gaining title to property through adverse possession generally requires that certain legal elements be proven in court. The Massachusetts Land Court issued a decision on April 6, 2017, discussing the criteria for acquiring ownership in such a manner. In the case, the plaintiff claimed adverse possession of an 8,600-square foot,…
In some situations, a well-traveled path through another’s personal property may give rise to an easement over time. In a case decided on March 7, 2017, the Appeals Court of Massachusetts reviewed whether the plaintiffs were entitled to use a path located on the defendants’ property in order to access…
It is not unusual for legal disagreements to arise out of an easement or the permissible use of one’s property by non-owners. Recently, the Appeals Court of Massachusetts issued a January 30, 2017 decision in which it determined the rights of neighboring landowners over three disputed right of ways. The…