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Posts tagged "partition"

PARTITION, LANDLOCKED PARCELS, & EASEMENTS: A RECENT CASE

A few weeks ago, the Appeals Court issued a decision that potentially affects several landlocked parcels in Aquinnah (Gay Head) on Martha's Vineyard. As a result of this decision (Kitras v. Town of Aquinnah, 87 Mass. App. Ct. 10 (2015)), which reversed and remanded a Land Court decision/judgment, these landlocked parcels have been deemed to have easement rights that have been in dispute for some time. Or at least that's what the majority opinion decided. There was a stong dissent written by Associate Justice Peter W. Agnes.

Partition of Land

In real estate law, the partition of land (and buildings thereon) is a useful, and often necessary tool , that can be used to divide property when the land is owned by two or more individuals holding undivided interests. The right to partition is an absolute right and does not require the consent of other co-tenants. Notably, partition is not available in those cases where the land is held by husband and wife as tenants by the entirety.

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