Adverse Possession, Boundary Line Disputes, Easements, Land Court, Litigation, Neighbors, Right of Way, Uncategorized | 1 Comment on The Doctrine of Tacking in Massachusetts Adverse Possession Claims

The Doctrine of Tacking in Massachusetts Adverse Possession Claims

By Robert Nislick In order for one Massachusetts landowner to establish title by adverse possession to land owned of record by another, the claimant must prove “nonpermissive use which is actual, open, notorious, exclusive and adverse for twenty years.” Lawrence v. Concord, 439 Mass. 416, 421 (2003). Frequently, a person who is adversely possessing another’sContinue reading The Doctrine of Tacking in Massachusetts Adverse Possession Claims

Adverse Possession, Board of Health, Boundary Line Disputes, Easements, Fences, Land Court, Litigation, Uncategorized | 1 Comment on Love Your Neighbor, Et Cetera – A Holiday Wish

Love Your Neighbor, Et Cetera – A Holiday Wish

By Robert Nislick “You shall love your neighbor as yourself.” Leviticus 19:18. In the world of real estate litigation, however, not everyone abides by this commandment. During this holiday season, as we celebrate miracles and pray for peace, I offer the following wish: Love your neighbor, landlord, tenant, easement holder, servient estate owner, licensee, trespasser,Continue reading Love Your Neighbor, Et Cetera – A Holiday Wish

Adverse Possession, Boundary Line Disputes, Disputes, Easements, Land Court, Lis Pendens, Litigation, Right of Way | 1 Comment on Getting and Removing a Lis Pendens in Massachusetts

Getting and Removing a Lis Pendens in Massachusetts

 By Robert Nislick When Massachusetts real estate owners are involved in land disputes, they frequently want to know how getting a lis pendens may help them. A plaintiff may seek to obtain and record a memorandum of lis pendens on a defendant’s property when instituting a proceeding that affects the title to real property orContinue reading Getting and Removing a Lis Pendens in Massachusetts

Adverse Possession, Boundary Line Disputes, Easements, Land Court, Neighbors | Leave a Comment on How to Interrupt a Claim of Adverse Possession and Prevent the Acquisition of an Easement in Massachusetts

How to Interrupt a Claim of Adverse Possession and Prevent the Acquisition of an Easement in Massachusetts

By Robert Nislick You are a Massachusetts landowner. You may have recently purchased your property. Maybe you have owned the land for a long time. One day, you realize that your neighbors are doing something that irritates you. Perhaps they are parking cars on your property. Possibly they are crossing over your property. Maybe theyContinue reading How to Interrupt a Claim of Adverse Possession and Prevent the Acquisition of an Easement in Massachusetts

Adverse Possession, Boundary Line Disputes, Easements, Neighbors | Leave a Comment on Adverse Possession in Massachusetts

Adverse Possession in Massachusetts

By Robert Nislick Many of us wish to live in a world with friendly neighbors, and in a house with freshly painted white picket fences, and ample and accessible parking.  When you have bad neighbors, the dream can quickly turn into a nightmare.  One day you learn that your neighbors’ fence is over the propertyContinue reading Adverse Possession in Massachusetts