Category: Massachusetts Property Law Blog
Real Estate Mediations: Three Tips for Resolving a Dispute
It’s a common misconception that every lawsuit ends up before a judge and jury (as we commonly see on TV and in the movies). Instead, most legal cases are settled out-of-court, through an agreement among the parties. In my nine more »
Dividing a Home Among Non-Married Persons
Dividing a home becomes necessary when multiple persons or businesses own property together, and one wants out. For married couples, the process of dividing such property generally occurs through a divorce. For non-married persons, such as siblings who own inherited more »
Overburdening an Easement
The Appeals Court issued an interesting case last week concerning the overburdening of an easement. The case concerned the use of all-terrain vehicles (ATVs) (better known as “four wheelers” by this Vermonter!) on a beach in Gloucester. This case discusses more »
Setback Requirements: Three Things to Know
Setback requirements are among the most common zoning requirements in Massachusetts. Such requirements place limits on the location where buildings and other structures can be placed on a property, with the goal of preventing overcrowding. Common setback requirements are for more »
Adverse Possession Defense
Earlier this month, I was successful in pursuing an adverse possession defense for one of my clients in Land Court. My client, who owned a commercial business with a parking lot, was sued by a nearby occupant, who claimed they more »
Settling a Partition Case in Massachusetts
I was recently successful in settling a partition case for several of my clients, who co-owned a vacation property with several other family members. My clients wanted the home sold and the other family members did not. I was retained more »
Zoning and Anti-SLAPP
The Appeals Court issued an important decision this week on the interplay between zoning and the Massachusetts Anti-SLAPP law. The full decision, Haverhill Stem LLC v. Jennings, is below. What is Anti-SLAPP? As I’ve written before, Massachusetts (like many other more »
Restrictive Covenants: What’s Allowed?
Restrictive covenants are private restrictions on land use. The Massachusetts Land Court has introduced a proposed procedure (“standing order”) for addressing restrictive covenants which are void and not enforceable under the law. Restrictive Covenants Restrictive covenants have existed since the more »
Encroachment of Property in Massachusetts
Encroachment of property occurs when a structure is on someone else’s land. In Massachusetts, the law allows a property owner to take court action to have such a structure removed. Encroachment of Property: What Can Be Done? Massachusetts law allows more »