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 »
The Massachusetts land records consist of all documents related to the ownership of real property in the Commonwealth of Massachusetts. Compared to many other states, the Massachusetts land records are online, which makes searching them easy. I recommend that every more »
The Appeals Court issued an interesting decision earlier this year concerning some important topics on zoning judicial review in Massachusetts. This decision discusses some of the relevant matters that arise when a zoning decision goes before a court. A copy more »
Title issues with foreclosed properties often arise when a dispute comes up over a property’s lawful ownership. Most often, these involve a claim that the underlining foreclosure was not performed lawfully. Massachusetts law is clear that the failure to “strictly more »
Specific performance for property is a legal remedy available for many real estate disputes. Here, I’ll discuss three things to know about this area of law. Specific Performance Requires a Party to Fulfill A Contract Duty A contract is a more »
The topic of how to divide property between family often comes up when family members own property together, and one member wants out. This most commonly occurs, in my experience, through the inheritance of property among siblings, after a parent more »
Mistakes happen . . . especially in real estate. The legal options for fixing a real estate mistake vary based on the circumstances and the dispute that must be resolved. Fortunately, Massachusetts law provides a number of causes of action more »
Proving adverse possession isn’t easy. A recent decision from the Appeals Court (enclosed below) explains some of the many nuances when pursuing such a claim. Adverse Possession 101 Adverse possession is best described as a property rule requiring land owners more »
