Options to Purchase Real Estate in Massachusetts

By Robert Nislick You are a Massachusetts commercial tenant or landlord. The lease contains a provision that gives the tenant an option to purchase the leased premises from the landlord. An option to purchase real property is a “contract by which an owner of realty enters an agreement with another allowing the latter to buyContinue reading Options to Purchase Real Estate in Massachusetts

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

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

Trespass to Trees in Massachusetts

By Robert Nislick “What we are doing to the forests of the world is but a mirror reflection of what we are doing to ourselves and to one another.” – Mahatma Gandhi People cut down trees. People cut down each other. People cut down each other’s trees. In Massachusetts, if someone cuts down your trees,Continue reading Trespass to Trees in Massachusetts

This Land is Your Land. This Way is My Way. Easement Disputes in Massachusetts

By Robert Nislick When you buy a piece of land, you may naturally assume that it is yours absolutely and that no one else can enter upon it without your permission.  It is very possible, however, that other people may have rights to use your land.  While you may own the parcel, your ownership couldContinue reading This Land is Your Land. This Way is My Way. Easement Disputes in Massachusetts