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Articles Posted in Property Owner Liability

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Massachusetts Appeals Court Finds Reasonable Use of Property Defeats Nuisance Claim

In a recent decision, the Appeals Court of Massachusetts reviewed a real estate dispute involving a nuisance claim between neighboring property owners. In Maffei v. Johnson (Mass. App. Ct. Feb. 19, 2016), a landowner (who had since died) had filled and leveled a portion of his property over many years.…

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Massachusetts Court: Real Property Liens Survive Bankruptcy Proceedings

In a recent Massachusetts Supreme Judicial Court case, Christakis v. Jeanne D’Arc Credit Union, Mass. Sup. Jud. Ct. (2015), the court had before it the issue of whether or not judicial liens on real property remain after the owner of the property receives a discharge under Chapter 7 of the Bankruptcy Code. The plaintiff…

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As Massachusetts Massive Snow Storm Nears, Thoughts to What Comes Afterwards

Yesterday afternoon, the Governor declared a state of emergency and issued a travel ban for all non-priority travel. The specific sorts of individuals who are exempted from the ban can be found here. Generally speaking, the classes of those exempted include those who need critical medical care, emergency care personnel,…

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Your Massachusetts Real Estate Lawyer Tells How Snow Removal Laws Affect You

Massachusetts Snow Removal Statutes In July 2010, a series of state statutes went into effect that are particularly relevant this winter, with the National Weather Service predicting one Polar Vortex after another to come whirling through the state. Massachusetts General Laws ch. 85, §§ 5, 6, and 7 assign shoveling duties for sidewalks, driveways,…

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