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 »
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 »
While making a general claim for adverse possession can be easy, the process of proving adverse possession is a different ballgame. Adverse possession has specific, detailed requirements that must be proven for a successful claim. Courts can and will look more »
Land Court issued an interesting decision last week on how to prove adverse possession and whether landscaping activities, alone, are enough to do so. This decision, as of now, is not available online. What is Adverse Possession? Use it, or more »
A recent story from Maine discusses the importance of how to settle property disputes and, most importantly, what to avoid. In this article, a dispute over property among neighbors got so bad that one of the neighbors cut the other’s more »
Preventing adverse possession is a concern that all property owners should keep in mind when dealing with a trespasser upon their property. Without taking the proper action, one’s property can be lost to another. What is Adverse Possession? Adverse possession more »
I recently settled a case involving a fence dispute between two neighbors who weren’t getting along. Fence disputes, believe it or not, are among the most common types of boundary disputes and most often arise when a property owner seeks more »
The Massachusetts Appeals Court issued an important decision this week concerning adverse possession and easements by prescription. The decision, Smaland Beach Association v. Genova, is available here. This decision concerns beach access . . . a common source of these cases. more »
Adverse possession is an area of law that every Massachusetts property owner needs to be aware of. These types of claims allow a party using another person’s property to acquire it through continuous use. If you suspect your property may more »
I’m pleased to announce that I prevailed in a case last week involving an easement by prescription for residential property. This case involved many interesting areas of Massachusetts property law. Overview of the Case For the past thirty years, my more »
