Navigating the Two-Year Waiting Period on Unfavorable Special Permit and Variance Applications in Under the Massachusetts Zoning Act

By Robert Nislick You are a Massachusetts landowner and would like to develop or improve your property. You have applied or appealed to your town’s zoning board of appeals for a special permit or variance. The ZBA has denied your requests for zoning relief. You may have considered appealing the decision to the Land CourtContinue reading Navigating the Two-Year Waiting Period on Unfavorable Special Permit and Variance Applications in Under the Massachusetts Zoning Act

The Surveyor’s Right to Enter Land in Massachusetts

By Robert Nislick You are a landowner in Massachusetts. Suppose that you are in the midst of a dispute with your neighbor concerning your boundary line. Perhaps your neighbor’s shed encroaches on your property. Maybe you have fenced your neighbor off from his land for more than twenty years, and you are contemplating filing anContinue reading The Surveyor’s Right to Enter Land in Massachusetts

The Rights of an Easement Holder to Improve a Right of Way or Paper Street in Massachusetts

By Robert Nislick You are a Massachusetts homeowner. Your property abuts a street that may never have been paved. It could be a dirt road that is hard to navigate in wet weather and dusty and bumpy when it is dry. Alternatively, your property abuts a street that exists only on paper. The way existsContinue reading The Rights of an Easement Holder to Improve a Right of Way or Paper Street in Massachusetts

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

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

Frequently Asked Questions About Tree Law in Massachusetts

By Robert Nislick Massachusetts homeowners frequently have questions about the ownership of trees on their property and the right to cut overhanging branches from a neighbor’s tree. Here are some of those questions, with answers, based on Massachusetts law. Question:        If a tree trunk is wholly on Alan’s property, who owns the tree? Answer:          AlanContinue reading Frequently Asked Questions About Tree Law 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

Good Fences and Spite Fences in Massachusetts

By Robert Nislick, Esq. When Massachusetts neighbors start to disagree with each other, it should come as no surprise when someone wants to erect a fence. Suppose that you have had a falling out with your neighbors. His car is loud. Her dog runs around and barks uncontrollably. They park on your property. Their shedContinue reading Good Fences and Spite Fences 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

When an Easement Holder Tells You to Get Out of the Way – Understanding the Landowner’s Right to Use His Own Land

By Robert Nislick You are a Massachusetts landowner. Your neighbor has an easement to use your land.  You want to use your own land too.  Your neighbor sues you in Land Court or Superior Court. She seeks a declaratory judgment and an injunction to prevent you from using the land subject to the easement. SheContinue reading When an Easement Holder Tells You to Get Out of the Way – Understanding the Landowner’s Right to Use His Own Land