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

Contracts Law and Attorney’s Fees Provisions in Massachusetts

By Robert Nislick Contracts. Everyone enters into them. Most people fulfill their contractual obligations. Some people do not. There may be a good explanation for why someone has not satisfied his or her contractual obligations. Most of the time, however, there is no good excuse to evade your duties under an agreement. For the mostContinue reading Contracts Law and Attorney’s Fees Provisions in Massachusetts

Specific Performance of Real Estate Contracts

By Robert Nislick You have been searching endlessly for that perfect new home. After spending countless weekends attending open houses, and hours visiting properties with your broker, you have finally found the right place. You are a solid buyer and you have made a very strong offer. The seller agrees and accepts your offer. HeContinue reading Specific Performance of Real Estate Contracts

Corporations Must Be Represented By Counsel in Massachusetts Lawsuits

By Robert Nislick You are a Massachusetts business owner. Perhaps you are the trustee of a trust. Maybe you are a landlord who owns some rental property. When you started operating your business, you decided to incorporate. One day, you find yourself in a dispute. Someone has sued your company. Alternatively, someone owes your businessContinue reading Corporations Must Be Represented By Counsel in Massachusetts Lawsuits

Proposed Consolidation of Framingham District Court and Marlborough District Court Raises Concerns

By Robert Nislick According to a draft Massachusetts Courts capital master plan obtained by Massachusetts Lawyers’ Weekly, and reported in its June 15, 2015, issue, the Trial Court proposes to close 41 courthouses and consolidate them in other locations. The Framingham District Court, located at 600 Concord Street, Framingham, would undergo a major expansion, orContinue reading Proposed Consolidation of Framingham District Court and Marlborough District Court Raises Concerns

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

Responding to a Chapter 93A Demand Letter

By Robert Nislick You are a Massachusetts businessperson. Perhaps you are a landlord, a contractor, a builder, a real estate broker, or a storeowner. Someone you have done business with is upset with you. One day you receive a letter from an attorney, or from the person directly. The letter may state that is aContinue reading Responding to a Chapter 93A Demand Letter