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

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

Condominium Unit Owners Cannot Alter Common Areas Without Consent

By Robert Nislick You own a unit in a Massachusetts condominium and serve on your association’s board of trustees. Your board takes seriously its responsibilities to maintain, repair, and protect the condominium property. One day, the board of trustees learns that a unit owner has altered, or will imminently alter, the common areas and facilitiesContinue reading Condominium Unit Owners Cannot Alter Common Areas Without Consent

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

Establishing Your Right of Way in Massachusetts

By Robert Nislick You live in an idyllic Massachusetts town established in colonial times. One of the oldest roads in the county, such as Boston Post Road, Old Sandwich Road, or Old Connecticut Path, may run through your neighborhood. If your house fronts a public way, you should have no problem traveling to and fromContinue reading Establishing Your Right of Way 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

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