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attorneys, Nick Shapiro and Robbie Hopkins, co-authored and filed a friend of the court brief on behalf of the Real Estate Bar Association of Massachusetts and the Abstract Club, in the further appellate review proceedings, before the...
If you aspire to develop property in Massachusetts, you may be always on the lookout for a promising piece of land. If the land has been sitting vacant for some time, you may want to do a careful examination of the property lines. This includes land you may already...
When you purchase a piece of property here in Boston, or anywhere else for that matter, you want as much assurance as possible that you will actually own the property free and clear. You may assume that once the relevant parties execute a deed putting the real estate...
As previously discussed in our blog post regarding the Nuts and Bolts of a Petition to Partition, a partition proceeding is a legal action to dispose of jointly held property "to balance the rights and equities of the parties concerning the property at issue."...
Part of the process for buying real estate is to research the title of the property. This is important because the title shows the ownership of the property, and you want to be certain the person selling the property truly owns it or has the authority to sell it. The...
Recently we were asked to address the right of lot owners in an approved subdivision to enforce the terms of a covenant imposed by the Planning Board as part of the definitive subdivision approval. The restriction barred further division of lots. The Planning Board,...
If you are in the middle of purchasing property in Massachusetts, you may wonder why the process takes so long. It may seem like days or weeks go by with no progress, and when you contact your real estate agent, you may learn that they are still waiting for the title...
A landowner is typically entitled to the exclusive possession and enjoyment of his/her land. But vigilance is required to protect those rights, especially where there are unauthorized encroachments by neighboring land owners, which can constitute a trespass.A...
Massachusetts contains thousands of private streets and ways; on and along those ways innumerable residents of this Commonwealth live. We know that the Derelict Fee Statute operates to resolve ownership questions regarding these private ways. However, the "statute...
On November 14, 2016, the Land Court, Foster J., issued a Memorandum and Order Allowing Plaintiff's Motion for Summary Judgment in Fitchburg Capital, LLC, v. Bourque, Land Court Docket No. 12 MISC 464577 (RBF) in which the Court granted summary judgment for P&A's...