Whether you can park on the easement depends heavily on the language used in the grant of easement.
The parties can avoid the necessity of appointing a partition commissioner. It may be possible to reach a fair resolution. A good agreement may include a provision whereby the parties agree to jointly retain a certain broker to market and sell the property. The agreement may specify that each owner shall be responsible for the broker’s fees and expenses in proportion to his or her ownership interest.
By Robert Nislick You are involved in a new lawsuit with your neighbor. The case has been filed in the Massachusetts Land Court. Perhaps you are a plaintiff who is asserting a claim of adverse possession against your neighbor. Alternatively, you may be a defendant in a case where the neighbor is claiming a right of way over your land. Perhaps youContinue reading Land Court Case Management Conferences
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
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
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