Fitch Law Partners LLP
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Boundary Disputes

Massachusetts Tree Statute Guards Greenery - and Fall Finery, Too

If during the last two to three weeks you have spent any time on a soccer field, in the woods, or on the Massachusetts Turnpike, you have probably noticed that the Commonwealth's deciduous trees have been enjoying their annual star turn.  The spectacular colors have reminded this blogger of the protection found in the Massachusetts General Laws for trees on privately owned land.

Easement Dimensions Are Not Necessarily Set in Stone

In a recent decision handed down in January 2014, the Supreme Judicial Court (the "SJC") has expanded on its well-known holding in M.P.M Builders, LLC v. Dwyer, 442 Mass. 87 (2004), to decide that an owner of registered land burdened by an easement can modify the dimensions of the way over his land "so long as the purposes for which the easement was created are not frustrated, and the utility of the easement is not lessened."

Adverse Possession: Can My Neighbor Really Take My Land?

Good fences make good neighbors.  Unless, of course, the fence sits beyond the recorded lot line and the landowner who is now enjoying a somewhat larger piece of property than is reflected on his or her deed claims title to the extra strip of land on his or her side of the fence under the doctrine of adverse possession. In that case, the neighbors (particularly in areas with high land values) often end up in litigation. 

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