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Posts tagged "land use"

TREES & BOUNDARY LINES: IMPORTANT CONSIDERATIONS

It is certainly not unusual to hear about tree cutting cases where a landowner wants to trim the branches of a neighbor's tree that overhang the common boundary line-which is lawful, to a point-or even those cases where a person trespasses onto the land of another to trim or cut down trees entirely situated on that lot-which is unlawful. Whatever the underlying motivation for such trimming and cutting, Massachusetts law is fairly clear about whether liability and damages will ensue under those circumstances.

Excavation & Blasting Activities: The Duty of Lateral Support

Before embarking on any excavation project--including tunneling and blasting--developers and landowners should understand the often-overlooked duty they owe to neighboring properties in order to avoid nuisance or negligence liability.

Cater v. Bednarek: Judges Must Adhere to Certain Local Regulations When Fixing the Location and Width of Ambiguous Easements

Earlier this month, the SJC remanded an interesting easement case back to the Land Court and ordered the Land Court judge (Piper, J.) to take a second look at the width of the easement that he had laid out to the extent that it conflicted with local subdivision road regulations.

Phased Development: Considerations for Developers

Phased development often makes better business sense for certain kinds of residential and commercial properties. There are several planning and practical considerations that developers should make when it comes to phased projects.

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