A disagreement between property owners regarding their respective boundary lines may lead to legal action. In a July 30, 2018 opinion, the Massachusetts Land Court decided a case concerning the ownership of a disputed area along the boundary line between the parties’ properties. The area at issue was the driveway…
The right to cross another person’s land via an easement may be subject to limitations. In a July 6, 2018 Massachusetts real estate case, one of the issues for the Land Court was whether an easement located on the plaintiffs’ land had been overburdened by the defendants’ use over time. …
In certain instances, using a private road on another person’s property over many years may give rise to a property interest. In a June 26, 2018 Massachusetts real estate case, the plaintiffs had been using the defendants’ private road to access a main throughway from their property. They filed an action…
People who claim the right to an easement on another person’s property may need to take legal action if the existence of the easement is disputed. At issue in a June 7, 2018 Massachusetts real estate case were the plaintiffs’ rights, if any, to access their woodlands by going through…
An easement is the legal right to a particular, limited use of property by someone other than the owner of the property. In some cases, the existence of an easement may become unclear after the property has passed down through different owners over many years. In a February 23, 2018 opinion, the appeals…
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…
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…
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.…
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…
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…