If you believe that your neighbor’s fence is encroaching onto your property and you wish to have it removed, do you have legal recourse? In Randy C. Brogen v. Julia Lisa Papagno, Trustee of 7 Edwards Road Realty Trust, the Massachusetts Land Court recently addressed...
In a recent ruling, the Land Court found that a series of email exchanges between parties did not establish a meeting of the minds and an intent to form an enforceable agreement, and therefore the email exchanges could not satisfy the Statute of Frauds. Boulay v....
Massachusetts has two title systems for land – one for Recorded Land and another for Registered Land. Recorded Land is the most common, comprising the vast majority of real property in Massachusetts. Documents affecting Recorded Land, such as deeds, mortgages and...
Although any co-owner has the right to partition a property (meaning selling a property through a legal proceeding called a partition action), irrespective of the consent of the other co-owners, there is an exception: a partition action is not available to tenants by...
In many cases, a parcel of real estate will need to be valued for purposes of a divorce. This almost always occurs when one spouse wants to retain the marital home or another piece of land. The question then becomes, what value is going to be established for the house...
The Massachusetts Appeals Court recently held in the case of Kettle Brook Lofts, LLC v. Stacy Specht, that a condominium’s master deed and the Massachusetts condominium statute, G.L. c. 183A, invalidated a developer’s attempts to unilaterally extend its time to...
Last year, I wrote about the case of D’Allessandro v. Lennar Hingham Holdings, LLC, where United States District Court for the District of Massachusetts held that the statute of limitations under G.L. c 260 § 2B did not begin running until the entire multi-phase,...
In Pittner v. Castle Peak 2012-1 Loan Trust (Memo & Order April 14, 2021), the United States District Court for the District of Massachusetts awarded summary judgment to Defendants, Castle Peak 2012-1 Loan Trust and Selene Finance LP, on Plaintiff’s claims of...
In a recent 1:28 decision, the Appeals Court of Massachusetts considered a challenge to a judge's order that real estate acquired by the Husband prior to the marriage should remain with the Husband following the divorce. The Wife appealed a divorce judgment where the...
Nowadays, it is not uncommon for real estate brokers to communicate with their clients and negotiate deals through text messages. The use of text messages in that context has given rise to a new legal issue: whether an exchange of text messages between brokers can...
