When a driveway is shared by two neighboring properties, the owners’ legal right to use the driveway is commonly provided through an easement.  Overuse or obstruction of the driveway easement may lead the property owners to take legal action, as in an October 28, 2019 Massachusetts real estate case. The plaintiff in the case had an express right-of-way easement, provided by deed, over ten feet of the defendants’ property.  The easement contained a paved driveway, which started at the street and extended the full length of the boundary line between the parties’ properties to the back of their l ..read more

In a Massachusetts real estate action, a claimant may assert multiple legal grounds to establish their ownership or other rights in a particular parcel of land.  In an October 24, 2019 case, the plaintiffs brought an action seeking an adjudication as to their easement rights over two beaches owned by the defendants.  Their claims were based on an express grant in their chain of title, as well as a prescriptive easement. The parties in the case had a decades-long history in the area that began in their childhoods.  The plaintiffs had spent summers in the area with family friends, who were the p ..read more

Issues concerning ownership and property boundaries may be brought before the Massachusetts Land Court to decide.  In an October 10, 2019 Massachusetts real estate case, multiple parties brought competing claims regarding their respective rights to a section of marshland on the coast of a peninsula.  The parties involved in the case were three neighbors who each owned separate properties that abutted the disputed area, and the local town. The area in dispute was a strip of land between the high-water mark and the low water mark along a section of the coast of a peninsula.  The area itself was ..read more

In general, new homes must be constructed pursuant to the current requirements of local Massachusetts real estate zoning bylaws.  Under some circumstances, however, the zoning bylaw may provide for an exception, such as for existing structures.  In an October 7, 2019 opinion, the Appeals Court of Massachusetts considered whether a cottage that had been destroyed by a tornado could be reconstructed under a local bylaw provision for existing structures. The plaintiff and the defendant in the case were two of the five family members who owned a parcel of land.  The property had contained a non-co ..read more

If someone has interfered with your easement or property rights, you may have legal recourse.  In a September 19, 2019 Massachusetts real estate case, the plaintiffs filed an action against their neighbors in Land Court claiming that their property had the benefit of an easement over their neighbors’ property.  Specifically, the plaintiffs sought a declaratory judgment from the court that they had the right to use an existing driveway on the defendants’ property to access their own property, and a restraining order enjoining the defendants from blocking the plaintiff’s access to their property ..read more

There are several ways in which limitations may be imposed in Massachusetts property rights matters.  Some examples include local zoning bylaws, which may regulate aspects such as how far a structure must be set back from the street, and public easements, which may prevent the property owner from blocking off access with a privacy fence.  Deed restrictions are another means by which property use may be restricted, as in a September 12, 2019 Massachusetts property case decided by the Appeals Court. The prior owner of the plaintiff’s land had received property from the city as part of its “Yard ..read more

If you are planning to construct a new home on your recently purchased property, a Massachusetts real estate attorney can guide you through the legal process.  Typically, new residential construction is subject to local zoning laws, illustrated in a September 16, 2019 case. The plaintiffs in the case had reportedly applied for a building permit in 2008 to construct a single-family residence on their land.  The town building commissioner denied that permit and, after exhausting their appeals with the local zoning board and Massachusetts Land Court, the plaintiffs revised their plans.  In 2018 ..read more

A homeowner may file an action to quiet title in order to claim their ownership rights of the property in question.  In a September 4, 2019 Massachusetts property case, the plaintiffs brought an action in Land Court claiming ownership of a way that lined one side of their property.  The plaintiffs also sought a judgment that the defendant, a neighboring property owner, had no rights in or over the way. The plaintiffs’ property consisted of nine row houses, which each row house having a separate entrance onto the way at issue.  When the plaintiffs acquired their property in 1985, there was a fe ..read more

Gathering evidence to support an adverse possession action can be daunting, but a Massachusetts real estate lawyer can assist you in putting forth the strongest case possible.  The plaintiff in an August 29, 2019 case succeeded in establishing title by adverse possession to two separate areas of land abutting her property.  The Appeals Court of Massachusetts affirmed the decision of the lower court after examining the evidence she presented to make her case. The plaintiff in the case purchased her home in 2000.  To the west and south, her property directly abutted an undeveloped, wooded land o ..read more

The public generally enjoys an easement of travel over all public roads.  In rare circumstances, the public may also have a right to use a private way.  However, such a right does not include the broad rights of a public road.  In an August 21, 2019 Massachusetts real estate case, the plaintiffs brought an action in Land Court to establish a right of access over the defendants’ private roads. The plaintiffs in the case owned two landlocked parcels of land, with no means to reach it from a public way or public road.  Rather, the only available access to the plaintiffs’ parcels was by using two ..read more