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Articles Posted in Adverse Possession

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Problematic Property Conveyance Results in Litigation Among Massachusetts Landowners

Property conveyances are typically complex, and errors or ambiguities in the deed can lead to litigation years into the future.  This point is demonstrated in a recent case, Powell v. Ashley (Mass. Land Ct. Nov. 21, 2016), which concerns a 1973 deed that became the source of a years-long dispute…

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Massachusetts Appeals Court Holds Property Owner Acquired Neighboring Land Enclosed by Fence

Boundary disputes between neighbors are not uncommon, and issues regarding adverse possession of bordering property may arise after many years have passed. The Appeals Court of Massachusetts reviewed such a dispute in the case of Paris v. Morris (Mass. App. Ct. Aug. 3, 2016). In Paris, the plaintiff brought a…

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Massachusetts Land Court Determines Issues of Record Ownership and Adverse Possession in Property Case

Property disputes are not uncommon between landowners, particularly those with neighboring lots. The Massachusetts Land Court recently reviewed a real estate lawsuit between neighbors involving claims of record ownership and adverse possession in the case of Evans v. Jackson (Mass. Land Ct. June 15, 2016). In Evans, the defendants owned…

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Massachusetts Court Determines Issues of Record Ownership, Adverse Possession in Boundary Dispute

Many legal disputes arise due to uncertainties concerning the ownership of land, particularly near property lines. In Salera v. Weinstein (Mass. Land Ct. Apr. 22, 2016), the plaintiff brought an action to try title, seeking a determination that a fence bordering the defendant’s property was located entirely within the plaintiff’s property,…

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Massachusetts Appeals Court Holds Record Land Owners May Be Liable to Adverse Possessors for Trespass

Neighboring landowners often find themselves in boundary disputes regarding their property lines. In a recent decision, the Appeals Court of Massachusetts determined the issues of whether the plaintiffs had gained title to an area of property through adverse possession, and if so, whether they could hold the record landowners liable…

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Massachusetts Landowner Establishes Title to Fenced, Neighboring Property by Adverse Possession

It is not uncommon for neighboring landowners to dispute ownership of areas bordering their respective properties. In a recent decision, the Massachusetts Land Court determined the issue of whether a plaintiff gained title to an area of property through adverse possession. In MacNevin v. Carroll (Mass. Land Ct. Feb. 25,…

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Massachusetts Land Court Rules on Issues of Adverse Possession and Prescriptive Easement

In Cappelluzzo v. Rinkoo-Tei Realty, LLC, (Mass. Land Ct. Dec. 11, 2015), the Massachusetts Land Court was presented with a property dispute involving a parcel of land between the boundaries of the plaintiff and the defendant. The plaintiff lives next door to the defendant, which operates a restaurant and bar…

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Massachusetts Land Owners Establish Prescriptive Easement to Use Driveway on Neighbors’ Land

The Massachusetts Land Court decided an easement dispute between two neighbors regarding a dirt driveway in Dunning v. Larsen (Mass. Land Ct. Oct. 8, 2015). The plaintiffs brought suit against their neighbors, seeking to establish rights in a path that leads from a private way to their property. The dirt…

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Massachusetts Land Court Rules in Favor of Record Owner in Adverse Possession Case

The Massachusetts Land Court recently issued an opinion concerning a real estate dispute between neighboring parties. In Doucette v. Nix, the plaintiff filed a claim for title based on adverse possession of a parcel of land located between his property and the property of the defendant, who is the record…

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Massachusetts Court of Appeals Rules for Plaintiffs in Adverse Possession of Woodlands

In a recently published opinion, the Massachusetts Court of Appeals examined the law of adverse possession and color of title claims in a property dispute surrounding natural, wild lands. In Paine v. Sexton, the plaintiffs sought to register nearly 36 acres of woodlands, based on adverse possession. The defendants argued…

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