Phillips & AngleyPhillips & Angley2026-06-02T20:18:09Zhttps://www.phillips-angley.com/feed/atom/WordPress/wp-content/uploads/sites/1204373/2022/08/cropped-Phillips-Angley-Favi-con-32x32.jpgOn Behalf of Phillips & Angley<![CDATA[Do Massachusetts property easements eventually expire?]]>https://www.phillips-angley.com/?p=495352025-12-22T11:35:09Z2025-12-22T11:35:09ZUnvested easements do expire
Sometimes, easements have certain conditions attached to them. The easement remains unvested for as long as circumstances do not meet the conditions outlined in the event itself. An unvested easement is generally only active and enforceable for 30 years. Unless the party that holds the easement vests the easement, removing the record of the easement after three decades is potentially an option.
Abandoned easements are subject to extinguishment
An easement typically exists out of necessity, and if it is not in use, then it is potentially not necessary. Easement abandonment occurs when the party with access rights granted via easement chooses not to make use of those rights for multiple years. Under current state regulations, the timeline for easement abandonment is 20 years. Occasionally, the easement itself may have language imposing a shorter or longer timeline for abandonment.
There are many other scenarios where real property owners can eliminate an easement or potentially renegotiate it. If a neighboring property owner with an easement bought other parcels that make an easement for access unnecessary, for example, it could be possible to extinguish the easement.
Depending on the circumstances, people may be able to extinguish an easement due to inaction on the part of the easement holder or the effective abandonment of the easement at issue. Reviewing property records with a real estate attorney can help people determine if they are in a position to extinguish an existing easement effectively.]]>On Behalf of Phillips & Angley<![CDATA[Co-owners may need to pursue a partition action for real property]]>https://www.phillips-angley.com/?p=494472025-08-21T15:49:07Z2025-08-06T11:18:07ZWhat is a partition action?
A partition action is a legal filing requesting that a judge settle disputes about joint ownership. Frequently, partition actions involve one of the owners asking to separate their ownership interests from those of their co-owners.
Judges hearing partition actions have the authority to order a variety of legal remedies. They could instruct the co-owners to buy out the filing party who no longer wants to retain their ownership interest. They can divide a parcel of unimproved property or agricultural land into multiple separate parcels. They can even potentially order the sale of real property in scenarios where arranging a buyout or subdividing parcels may not be viable solutions.
Factors including the financial strain of ownership, disputes about maintenance and uneven contributions toward costs such as taxes and insurance can lead to partition actions in the land courts. Owners preparing to pursue a partition action and those responding to pending partition actions can present information to the courts about the property, its value and other unique details about the situation.
Every partition action is as unique as the real property involved and the relationships among the co-owners. Having support when navigating complicated real estate litigation matters, including partition actions, can help people protect their relationships and financial interests.]]>On Behalf of Phillips & Angley<![CDATA[Is a developer allowed to use your street without permission?]]>https://www.phillips-angley.com/?p=494492025-06-05T08:56:20Z2025-06-05T08:56:20ZYou might wake up to the rumble of trucks using your road to reach a nearby build site. A developer has moved in and turned your quiet street into a construction route. If you never permitted that kind of access, are they legally allowed to use your road without approval from you or your neighbors?
In Massachusetts, the answer often depends on the type of road and what your deed or easement says. If the road is public, developers usually do not need permission from abutters as long as they follow local permit conditions. If it is a private way, which is common in residential neighborhoods, the rules are less straightforward.
When is permission required to use a private road?
Private roads are often maintained by abutters or shared among homeowners. Deeds or easement agreements typically establish who can access them and for what purpose. Some allow only residential traffic. Others say nothing about construction. When the language is vague or incomplete, disagreements are more likely.If construction vehicles start using a road you rely on, consider these details that help determine whether the developer needs your permission:
Access type in the easement: Some easements allow only basic residential access. If the document does not mention construction, the developer might need your permission.
Impact on your property: If road use interferes with access, damages shared areas or disrupts daily use, you may have grounds to object.
Outdated or unclear terms: Older documents may not reflect current construction practices, which makes it unclear whether developers need consent.
No recorded access: If no easement exists, they could be trespassing.
Before any work begins, review your deed or easement terms to understand what the developer can and cannot do.
Your permission carries legal weight
Sometimes, the right to use a road for construction depends on whether you, as an abutter, have agreed to it. Knowing what your deed allows gives you a clear understanding of where you stand, so you can speak up early, ask the right questions or push back before the situation escalates.]]>On Behalf of Jeffrey T. Angley, P.C.<![CDATA[3 reasons real property owners might face title claims]]>https://www.phillips-angley.com/?p=486392025-04-17T00:38:30Z2025-04-17T00:38:30ZPost-divorce sales
Married couples often buy homes together. They then have to address their shared properties when they divorce. It is common practice for one spouse to assume possession of the home and to compensate the other for their share of equity. In some cases, one spouse may not follow the proper procedures for listing the property or transferring their ownership interest to someone else during or after a divorce. Divorces can be the underlying cause of title disputes that put other people's ownership interests at risk.
Probate-related sales
When people who own real property die, they may leave instructions regarding what happens to the home after their passing. In some cases, the personal representative of the estate may not follow the instructions provided in a will. Other times, they may fail to identify and notify beneficiaries or heirs who have an interest in the real property. Home sales that occur as part of the probate process may have an above-average risk of title issues in the future.
Sales involving fraudulent deeds
Another scenario that may give rise to title disputes involves one party misrepresenting their ownership interest in the property. People who do not have an interest in the property might still offer to sell their interest to others. They might use a quitclaim deed to transfer interest that they don't technically have to buyers who expect to take possession of the property. Fraudulent transfers are relatively rare, but they have become a more pressing concern with the rise of deepfake videos and digital document signings.
Real property owners may face claims brought by outside parties who attempted to acquire a property in what may have been a fraudulent transaction. They may be at risk of litigation initiated by divorced individuals or disenfranchised heirs not given proper consideration during estate administration.
Should a title claim arise, homeowners often need help defending their right to the property and protecting their accumulated equity, and that’s okay. Conducting a thorough title review before acquiring property and getting support early if a title dispute arises can help people protect what may be one of their biggest lifetime investments.]]>On Behalf of Jeffrey T. Angley, P.C.<![CDATA[Can a homeowner trim tree branches that cross boundary lines?]]>https://www.phillips-angley.com/?p=486312025-07-25T03:52:43Z2025-01-20T13:50:47ZNeighbors can sometimes trim trees
Damaging an individual's tree could lead to civil litigation in some cases. In fact, the state authorizes the owner of the tree to pursue triple damages in cases where people intentionally harm their trees. The state can even prosecute people in certain circumstances.
Homeowners therefore need to be very cautious before proceeding with any tree trimming activities. Ideally, they can discuss the matter with the neighbor and get their permission ahead of time. Technically, Massachusetts has affirmed the rights of property owners to trim tree branches hanging over the property line.
Generally speaking, the party doing the trimming must make the cut in the branch at the property line. They cannot cross onto the neighbor's property and trim it farther back. They also need to perform the trimming in a manner that is unlikely to cause major damage to the tree.
Using the right equipment and trimming in the right season given the type of tree can be very important. Some trees are more susceptible to pests and blights than others. The situation could very easily become complicated if a tree trimming attempt leads to an infection or infestation that ultimately kills the tree. Even if the owner of the trees does not give their consent, a neighbor can potentially remove branches that cross the boundary line between properties and cause complications for them.
Learning more about land use rules and tree trimming standards can be beneficial for those dealing with a nuisance tree and a difficult neighbor. People should have the right to protect and maintain their properties from disruptive incursions, including tree branches that spit sap, drop nuts or kill plants by eliminating sunlight.]]>On Behalf of Jeffrey T. Angley, P.C.<![CDATA[3 uses of restrictive covenants in Massachusetts real estate matters]]>https://www.phillips-angley.com/?p=486262024-10-16T18:43:56Z2024-10-16T18:43:56ZProhibiting all but residential development
When people purchase unimproved land, they may dream of selling it to a developer later or developing the property themselves by building a multi-family apartment complex or a commercial facility. Such plans simply are not feasible in scenarios where there is a restrictive covenant limiting use to residential purposes. Those rules help prevent the over-development of certain areas and can help protect the characteristics of communities from changes spawned by commercial or industrial development of a single parcel.
Limits on home size and placement
Restrictive covenants often address the improvements erected on a parcel. They may require that the edge of a building fall a certain number of feet away from a property line or any existing structures. They may limit the house size to a certain percentage of the total land or a specific number of square feet. Such restrictive covenants can theoretically prevent people from building their dream homes on a vacant property or from replacing an existing structure with a substantially larger one.
Prohibiting home-based businesses
Many people might want to start a small company, but they need to keep their costs low. After hearing about how some of the biggest companies in the world started as projects in entrepreneurs' garages, people may start planning to begin a business at home and then expand into commercial space when the company is solvent. Restrictive covenants can prevent people from doing exactly that by prohibiting the commercial use of any part of a residential property.
Reviewing the terms of existing restrictive covenants, or newly integrating them into property documents, can be a smart move for both buyers and sellers of Massachusetts real estate. Learning more about the various ways that real estate documents restrict land use and development can help people intending to invest in real property to make informed decisions about their options.]]>by Alexandria Castaldo<![CDATA[Jurisdictional Soundness of Waste Claims in a Partition Action in the Land Court]]>https://www.phillips-angley.com/?p=486112025-08-20T02:03:09Z2024-08-20T17:35:09ZBevilacqua v. Rodriguez, 460 Mass. 762, 766, 955 N.E.2d 884 (2011), quoting Riverbank Improvement Co. v. Chapman, 224 Mass. 424, 425, 113 N.E. 215 (1916) (‘The Land Court is a statutory court, not of general but of strictly limited jurisdiction’). Over time, its jurisdiction has expanded, as set by statute. See G. L. c. 185, § 1 (enumerating Land Court's jurisdiction).” Bask, Inc. v. Mun. Council of Taunton, 490 Mass. 312, 316-317 (2022).
Consistent with this principle of limited Land Court jurisdiction, “tort actions per se,” even pure real property torts, “lie beyond the scope of the Land Court’s subject matter jurisdiction.” Sheppard v. Langone, 16 LCR 155, 156 (March 20, 2008) (Misc. Case No. 354187) (Grossman, J.), citing Lynch v. Everett, 14 LCR 180, 182 (March 24, 2006) (Misc. Case No. 308687) (Trombly, J.) and Emery v. Gould, 8 LCR 307, 310 (Aug. 22, 2000) (Misc. Case No. 240863) (Lombardi, J.). Indeed, “relevant Land Court decisions have held unwaveringly that tort claims . . . lie beyond the grant of jurisdiction conferred by G.L. c. 185, § 1 (k).” Sheppard, supra, citing Poulin v Martin, 14 LCR 72, 74 (Jan. 19, 2006) (Misc. Case No. 289073) (Sands, J.); Lynch, supra; Crapser v. Bondsville Partners, Inc., 14 LCR 432, 437 (Aug. 4, 2006) (Misc. Case No. 300634) (Sands, J.); Watson v. YMCA of Greater Boston, Inc., 14 LCR 528, 531 (Sept. 8, 2006) (Misc. Case No. 309034) (Lombardi, J.); Young v. Baker, 12 LCR 197, 199 (May 17, 2004) (Misc. Case No. 284405) (Piper, J.); Emery, supra; Taylor v. Georges, 6 LCR 340, 342 (Dec. 9, 1998) (Misc. Case No. 235058) (Green, J.); Nichols v. Chipman, 2 LCR 41, 42 (Feb. 22, 1994) (Misc. Case No. 197087) (Cauchon, J.). Therefore, “[a]bsent an underlying dispute concerning a proprietary interest in the land, [the Land Court] lacks subject matter jurisdiction to hear tort actions[.]” Sheppard, supra at 157.
An exception to this principle is when a claim of waste arises in a partition accounting. An example of Land Court jurisdiction expansion was when G.L. c. 241, § 2 was amended in 2002, to allow for concurrent jurisdiction in the Land Court and Probate Court over petitions to partition. Although a real property tort, a claim for waste can be adjudicated in the Land Court as part of a proceeding for an equitable accounting pursuant to G. L. c. 241, § 25 in a partition action.
“Waste has been defined as ‘an unreasonable or improper use, abuse, mismanagement, or omission of duty touching real estate by one rightfully in possession, which results in its substantial injury.’” Matteson v. Walsh, 79 Mass. App. Ct. 402, 405 (2011), quoting Thayer v. Shorey, 287 Mass. 76, 81 (1934), ultimately quoting Delano v. Smith, 206 Mass. 365, 370 (1910). “Waste may consist of a single act or a course of harmful conduct which has ended.” Bech v. Cuevas, 404 Mass. 249, 254 (1989). The term’s “early and frequent application was in an agricultural sense, where it means a damaging use not in accordance with good husbandry.” Delano, supra at 370-371. “It generally consists in some definite physical injury. This is shown by reference to the earlier definitions, as for instance that of Blackstone, who calls it a ‘spoil or destruction in houses, gardens, trees, or other corporeal hereditaments.’” Id., quoting 2 Black. Com. 281 (Sharswood’s ed.). “It can take two forms — voluntary, resulting from the tenant’s intentional conduct, and permissive, resulting from neglect or omission.” Lodigiani v. Paré, 103 Mass. App. Ct. 140, 145 (2023).
The General Laws subject co-owners who commit waste to treble damages, as follows:
A joint tenant or tenant in common of undivided land who cuts down, destroys or carries away trees, timber, wood or underwood standing or lying on such land, or digs up or carries away stone, ore or other valuable thing found there, or commits any other waste, without first giving thirty days’ notice in writing under his hand to all other persons interested therein or to their respective agents or attorneys of his intention to enter upon and improve the land, or who does any of said acts during the pendency of a petition or other proceeding for the partition of the land shall forfeit three times the amount of the damages assessed therefor.
G.L. c. 242, § 4. The authorities make clear that claims of waste are properly considered in equitable accounting proceedings pursuant to G.L. c. 241.
In a partition proceeding, “when apportioning the proceeds from the partition sale, [the Land Court] ha[s] the discretion to take into account damage to the property caused by” the co-owner who committed waste and who resided at the property. Lodigiani, 103 Mass. App. Ct. at 145. There is “no bar” prohibiting parties from “asserting a claim to account for [] damage [to the property] in a partition action.” Id. at 144. A court that hears a petition for partition has jurisdiction in equity over all matters relating to the real estate to be partitioned. See G. L. c. 241, § 25.
Therefore, the Land Court has the authority to resolve claims of waste in rendering an equitable accounting and distribution of partition sale proceeds. SeeBarrow v. Barrow, 2019 Mass. App. Unpub. LEXIS 75, at *2 (Jan. 29, 2019) (unpublished memorandum and order pursuant to Rule 1:28). In fact, this specific legal question was directly answered in Barrow, supra, as follows:
Anita argues that the Probate and Family Court lacked jurisdiction of her counterclaims seeking damages for the torts of waste, fraud, and breach of fiduciary duty. That proposition may be correct as regards damages, but a court hearing a petition for partition has jurisdiction in equity over all matters relating to the petition. See G. L. c. 241, § 25. Accordingly, the judge could properly resolve the issues of waste and breach of fiduciary duty insofar as they related to the petition (and in particular to the equitable distribution of the proceeds of the property sale), but he could not resolve Anita’s fraud counterclaims.
Id.
Indeed, an individual in possession of property “must refrain from committing waste and contribute to the usual expenses attributable . . . to her share.” Ciani v. MacGrath, 481 Mass. 174, 187 (2019). “[A]s a general matter,” parties with title interests in co-owned properties have “the ‘duty to preserve the estate for the benefit of the [other interest holders]’ and can be held liable . . . in an action for waste for property damage occurring during the tenancy.” Lodigiani, 103 Mass. App. Ct. at 144, quoting Matteson, 79 Mass. App. Ct. at 406. “The concept of waste embodies the principle that a tenant has the ‘obligation to treat the premises in such manner that no harm be done to [the other title holders.]’” Lodigiani, 103 Mass. App. Ct. at 144, quoting Delano, 206 Mass. at 370.
Equitable accounting proceedings in partition actions can be complicated and it is best to consult with an attorney about the same. The attorneys at Phillips & Angley are available to consult with property owners about partition proceedings and equitable adjustment claims for matters such as waste.
Written by Cailey N. MacEachern, Law ClerkCopyright (c) 2024 by Jeffrey T. Angley, P.C. All rights reserved.Disclaimer: The information contained in this post is general in nature and for educational purposes only. No personal legal advice is being provided. If you have an actual legal issue that needs to be addressed, you should seek the advice of competent legal counsel. This post does not create an attorney-client relationship between the reader and Jeffrey T. Angley, P.C., Phillips & Angley or their attorneys.]]>On Behalf of Jeffrey T. Angley, P.C.<![CDATA[What to do if your Massachusetts property seller lacked a title]]>https://www.phillips-angley.com/?p=486082025-07-25T04:14:56Z2024-07-15T13:29:34ZWhat is a defective title?
When you realize that your claim to your newly purchased real estate property is invalid, it can feel like the end of the world. However, before you give up, it can help first to comprehend the issue. The Bay State relies on title deeds to prove the ownership of a property.
Suppose the person who sold you your home lacked legal ownership; it means that the deed you received is invalid. Perhaps your seller transferred ownership of a property that was still undergoing probate due to inheritance disputes.
Your seller can also lack title if they transfer ownership of a property that they fraudulently acquired. To confirm that your title is, indeed, defective, a reliable legal group can help you check the records for your property’s ownership with Massachusetts’ Registry of Deeds.
Can you protect your investment?
While an invalid real estate title transfer leaves you in a precarious position, there are steps you can take to protect your investment. During this challenging time, you can greatly benefit from robust legal support.
Reliable legal guidance can help ensure you don’t make your dire situation even worse. An experienced legal team can examine the specifics of your unique situation and guide you on the best course of action. Relying on a team that comprehends the legal implications of your situation can ease your burden and help ensure you have an avenue to explore all the legal options available to you.
Discovering that the person who sold you your property in the Bay State did not have legal ownership is undoubtedly distressing. However, by taking immediate legal action, you can explore avenues for protecting your investment.]]>On Behalf of Jeffrey T. Angley, P.C.<![CDATA[Zoning and land use in Massachusetts]]>https://www.phillips-angley.com/?p=486072024-04-23T20:33:48Z2024-04-23T20:33:48ZMassachusetts General Laws Chapter 40A. This framework enables cities and towns to regulate building development so it encourages safety, health, and the welfare of the community.
For individuals who are purchasing land in this state, learning how it’s zoned and what the acceptable land use is set for a particularly property can let them know if they can use it for a particular intended purpose. With that said, even if the zoning and land use aren’t exactly right, it’s sometimes possible to get them changed via a petition.
Key purposes of zoning
Zoning laws separate residential, commercial and industrial areas to prevent new development from interfering with existing residents or businesses and to preserve the character of a community. These laws control the types of buildings allowed in different areas, regulate lot coverage, building heights and the density of development.
For example, a residential zone might limit buildings to single-family homes with certain setback distances from the street and adjacent properties, but a commercial zone might allow for taller buildings and a mix of office, retail and service uses.
Special permits and variances
In Massachusetts, local zoning ordinances and bylaws often require a special permit or variance for developments that deviate from the standard zoning requirements. A special permit allows for uses that are considered in the public interest, such as educational or religious facilities, but that need to be controlled to protect public health and safety. The special permit process typically involves a public hearing to give community members a chance to voice their opinions.
Variances, on the other hand, are granted when a property owner can demonstrate that the existing zoning regulations impose a significant hardship due to the property's unique conditions. The applicant must prove that the hardship relates specifically to the property and not to general conditions in the neighborhood.
The process of navigating zoning and land use concerns can be complex, especially when petitions for changes are necessary. Working with a legal representative who can assist with the process may help to encourage the success of a particular petition.]]>On Behalf of Jeffrey T. Angley, P.C.<![CDATA[What are special permits used for?]]>https://www.phillips-angley.com/?p=486062024-04-03T19:47:56Z2024-04-03T19:47:56ZPermits and land use
Special permits in zoning and land use grant exceptions to existing regulations for a property. Property owners can use their land in ways that do not fully comply with zoning laws if they meet conditions set by the zoning authority or local government.
Special permits are often necessary for construction projects that deviate from local laws and events that draw large crowds, such as festivals or parades. Activities impacting protected areas or discharging pollutants require the use of special licenses to meet environmental standards, too.
Local regulations and permits
Each town has standards and guidelines for what is acceptable when approving a special permit. Local governments set zoning laws, including special permit criteria. Towns and cities can customize regulations to match local needs.
Special permit standards vary based on population density, geography, preservation priorities and future development goals. Localized regulations ensure permits align with planning objectives and do not harm the community.
Examples of special permits
A wide range of activities may require a special permit, including, but not limited to, the following scenarios.
A small business run from home may require a special permit due to zoning regulations, especially if the company uses part of the residence. Introducing a business to a residential area can cause more foot traffic, change parking needs and alter noise levels.
Local zoning regulations often have strict rules around parking lots. Some communities may allow for more flexibility by allowing developers to reduce parking space to residential unit ratio with a special permit. This scenario often occurs in urban development projects and in areas that promote sustainable transportation modes, such as walking, cycling and public transit.
A developer building shared housing for older adults may need a special permit. Developments that blend residential and commercial use may not fit traditional zoning categories. They may require modifications to density, parking and building height standards.
For residential property owners, adding sheds, garages, AC units or generators outside zoning rules usually mandates use of a special permit. Likewise, adding an in-law suite or accessory apartment often necessitates a special permit from local authorities due to non-standard zoning.
Different areas have varying permit requirements, so thorough research is necessary. If you are a developer or property owner, a lawyer who knows the local laws can help guide you through this process.]]>