Real Estate Litigation: August 2015 Archives

Land Court Orders Removal Of Structures Beyond Scope Of Easement

An easement "creates a nonpossessory right to enter and use land in the possession of another and obligates the possessor not to interfere with the uses authorized by the easement." Patterson v. Paul, 448 Mass. 658, 663 (2007). In other words, a property owner can grant another party the right to use his property in certain ways - such as the right to enter and walk through it - without giving up ownership of the property. Disputes can arise, however, when either party misunderstands or abuses the rights involved.

Supreme Judicial Court Rules That Real Estate Salespersons Can Continue To Be Defined As Independent Contractors

The Supreme Judicial Court has recently affirmed in Monell v. Boston Pads, LLC, 471 Mass. 566 (2015) that real estate brokerage companies can continue to classify real estate salespersons as independent contractors and are not subject to the Massachusetts independent contractor statute.

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