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.
Boundary disputes can arise in a number of ways. Perhaps a landowner wants to install a fence or septic system, and the location of the boundary line becomes an issue with the neighbor. Other cases can come about innocently, such as when a landowner discovers (via a survey undertaken by a qualified land surveyor) that property lines are not located as originally thought, with buildings or other structures found to be encroaching on an abutting lot.