Trees generally enhance the appearance of a property. They can also offer various practical benefits. They can provide shade during the summer that can help reduce cooling costs for a home. They can increase property value. They can even produce fruits and nuts that...
Litigation
Standing Gets Stickier: Murchison v. Zoning Bd. Of Appeals of Sherborn
We have written a number of posts over the years discussing the requirements for standing in zoning appeals in Massachusetts, see here, here, here, here, here, and here to start. On September 30, 2019, the Appeals Court decided to add another twist to this already...
The Nuts and Bolts of a Petition to Partition: Filing a Petition with the Court
A petition to partition initiates a legal proceeding, which allows a co-owner of real property to dispose of the same by physical division or forcing a sale. Petitions to partition are governed by G.L. c. 241. Each co-owner of property has the "'equal right of entry,...
Appeal Bonds: A Litigation Unicorn
In Massachusetts (and United States, generally), civil litigants are responsible for paying their own legal fees. This concept is known as the "American Rule". It matters not that you were sued by your neighbor and did not want to be involved in a lawsuit; or that you...
Property disputes: What is adverse possession?
When attempting to establish property rights, disputes can arise for any number of reasons. A neighbor could call into question a property line, or an adjacent owner could want to take legal action over a structure on or near the property. Alternatively, the tables...