Is Parking Allowed on an Easement in Massachusetts?
Whether you can park on the easement depends heavily on the language used in the grant of easement.
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What to Expect When the Land Court Judge Takes a View of Your Property
If you are involved in a lawsuit that has been filed in the Massachusetts Land Court, it is common for the judge to come to your property to take a view. This is an opportunity for the judge to see with his or her own eyes what the parties are fighting about. For example, theContinue reading What to Expect When the Land Court Judge Takes a View of Your Property
Chicken and Rooster Regulations in Massachusetts Towns and Cities
All has been quiet for years in your suburban neighborhood. Early one morning, you are awoken by the sound of crowing. Your neighbor has decided to keep a rooster. You soon learn that roosters crow all day, not just at dawn. The constant noise makes working from home impossible and it is impacting yourContinue reading Chicken and Rooster Regulations in Massachusetts Towns and Cities
The Measure of Damages in Trespass to Trees Cases
The Massachusetts statute for willful trespass to trees, G. L. c. 242, § 7, states that: “A person who without license willfully cuts down, carries away, girdles or otherwise destroys trees, timber, wood or underwood on the land of another shall be liable to the owner in tort for three times the amount of the damagesContinue reading The Measure of Damages in Trespass to Trees Cases
Resolving a Petition For Partition in the Massachusetts Land Court
The parties can avoid the necessity of appointing a partition commissioner. It may be possible to reach a fair resolution. A good agreement may include a provision whereby the parties agree to jointly retain a certain broker to market and sell the property. The agreement may specify that each owner shall be responsible for the broker’s fees and expenses in proportion to his or her ownership interest.
Land Court Case Management Conferences
By Robert Nislick You are involved in a new lawsuit with your neighbor. The case has been filed in the Massachusetts Land Court. Perhaps you are a plaintiff who is asserting a claim of adverse possession against your neighbor. Alternatively, you may be a defendant in a case where the neighbor is claiming a right of way over your land. Perhaps youContinue reading Land Court Case Management Conferences
Filing a Motion to Dismiss in Massachusetts
Someone has filed a lawsuit against you in a Massachusetts court. You are served with a summons and complaint. You should call an experienced Massachusetts litigation attorney immediately to discuss how best to defend against the claims. You intend to defend vigorously against the plaintiff’s case. Filing a motion to dismiss may be appropriate. IfContinue reading Filing a Motion to Dismiss in Massachusetts
Rights of First Refusal in Massachusetts
Suppose that a landlord and tenant are about to enter into a lease for commercial property in Massachusetts. The tenant contemplates improving the premises. The landlord anticipates that it may want to sell the property in the future. The tenant may want to buy the property. The parties can negotiate an agreement so that ifContinue reading Rights of First Refusal in Massachusetts
Framingham Evictions Can Be Filed in Central Housing Court – Marlborough and Still in Framingham District Court
Framingham landlords can still file residential summary process cases in Framingham District Court, as always. Even with the recent expansion of the Housing Court, a landlord can start a Framingham eviction case in Framingham. Alternatively, he can choose to start the case in the Central Housing Court, which will hear the case in Marlborough. WhichContinue reading Framingham Evictions Can Be Filed in Central Housing Court – Marlborough and Still in Framingham District Court
The 6(d) Certificate in Massachusetts Condominiums
When a Massachusetts condominium unit owner wants to sell her unit to a buyer, she will have to obtain a “6(d) certificate” from her condominium association. Typically, a few weeks before the closing, the seller will request the certificate from the condominium trustees or the property manager, pay a fee, obtain the certificate, and provideContinue reading The 6(d) Certificate in Massachusetts Condominiums