Making a significant change to residential property in Massachusetts typically requires approval from the local zoning authority. That decision may be subject to several levels of appeals by the homeowners and other parties aggrieved by the outcome. Proceeding with the changes, despite a pending appeal, may cause complications further down…
If another person interferes with your easement rights or over-burdens it with an impermissible use, you may have legal recourse to protect your property interests. In some situations, the court may issue a preliminary injunction to keep the status quo or restrain certain conduct before a final decision has been reached, as…
An easement is a property right that may, in some situations, be abandoned or extinguished by law. In a May 2, 2019 Massachusetts real estate case, the Land Court considered whether the defendant held an easement over an area abutting its property. The area in dispute was a “paper way”,…
Massachusetts foreclosure proceedings may involve multiple legal challenges from different parties and extend over many years. In a May 13, 2019 case, the Appeals Court of Massachusetts reviewed a dispute over the surplus sale proceeds following a real estate tax taking. The action was brought by an individual plaintiff against…
Some homeowners impacted by a proposed change to a nearby property may have a way to legally oppose approval of the plan. In a May 3, 2019 Massachusetts real estate case, the Appeals Court of Massachusetts reviewed the issuance of a building permit to the defendant, a real estate developer. …
Failing to pay Massachusetts property taxes may lead to significant consequences for property owners, including the taking of a tax title to their home. In many cases, however, the law provides a way for individuals to reclaim ownership. In an April 17, 2019 case before the Massachusetts Land Court, the homeowners…
An easement allows a person the legal right to use another person’s land for a specific and limited purpose. If someone interferes with that right, the easement holder may request that the court to issue an injunction prohibiting such interference. In an April 5, 2019 Massachusetts real estate case, the…
One of the most important factors in a Massachusetts prescriptive easement claim is whether the claimant’s use of the property was permissive or adverse. The Land Court recently addressed this issue when deciding an April 5, 2019 case. The plaintiff in the case sought to improve a section of a…
In a Massachusetts real estate action to clear title, a person seeks a court order that they are the owner of the property and that there are no other valid legal claims that may be made against the property. An April 1, 2019 title action decided by the Land Court illustrates how…
In Massachusetts, certain uses and activities must be permitted under local zoning laws or approved by the proper authority before they are allowed to take place on a specific parcel of property. In a March 21, 2019 Massachusetts zoning case, the plaintiffs sought to reverse a local decision that prevented…