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 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 »
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 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 »
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 »
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 »
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 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 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 »
