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Posts tagged "damages"

INTRODUCTION TO TRESPASS AND TRESPASS DAMAGES

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.

Phillips & Angley Win Summary Judgment on Judicial Estoppel, Recoupment, and Quantum Meruit in Land Court

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 client, Plaintiff, Fitchburg Capital, LLC. The Memorandum and Order dismissed the Defendant's counterclaims for recovery of rental income pursuant to theories of conversion and accounting. In doing so, the Court agreed with Fitchburg that the Defendant's counterclaims were barred by all of three asserted bases: judicial estoppel, recoupment, and quantum meruit (unjust enrichment). Fitchburg's motion was successfully argued by Robert K. Hopkins, Esq.

Eminent Domain: Pro Tanto Payments

When the Commonwealth or a municipality takes land by eminent domain, the landowner is entitled to "just and reasonable compensation" for his loss. The measure of damages the landowner is entitled to is based on the fair market value of the property taken at the time of the recording of the order of taking.

When Trees Are Unlawfully Cut or Removed From Property: Monetary Damages Under M.G.L. c. 242, § 7

A landowner who discovers that one or more trees have been unlawfully cut or cleared from his property is entitled to recover monetary damages as compensation for the loss. And, in many instances, the landowner may be entitled to treble (triple) damages resulting from the unauthorized cutting.