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Real property – Adverse possession – Conservation land
Where a plaintiff has asserted adverse possession of land that was acquired in 2019 by a defendant land trust, the complaint should not be dismissed despite (1) the trust’s contention that the claim for adverse possession is barred by the limitations period in G.L.c. 260, §21, which contains an exemption benefitting conservation land held by nonprofit organizations, and (2) the codefendant city[...]
Real property – Adverse possession – Driveway
Where an adverse possession counterclaim has been asserted by defendants who constructed a brick driveway on the plaintiffs’ land, the defendants have not carried their burden of proving, by a […]
Real property – Prescriptive easement – Adverse possession
Where a defendant has moved to amend a judgment that concluded that the plaintiffs established ownership by adverse possession over a portion of a parcel of land located at 382 […]
Real property – Adverse possession
Where a plaintiff has claimed ownership over Wyer’s Way in Nantucket, the plaintiff is entitled to a declaration that it owns the fee in Wyer’s Way by adverse possession, as […]
Real property – Adverse possession – Default judgment
Where a default judgment was entered on an adverse possession claim, that judgment should be vacated in the interest of justice. “For the reasons set forth below, the Default Judgment […]
Real property – Adverse possession – Lawn maintenance activities
Where a plaintiff has claimed ownership by adverse possession of a disputed area, that count must be dismissed with prejudice because the plaintiff has failed to establish open, notorious and […]
Real property – Adverse possession – Fence
Where the defendants in a trespass action have claimed ownership of a disputed strip of land, they have acquired title to the strip by adverse possession because a current fence […]
Real property – Adverse possession – Ouster
Where a defendant has moved for summary judgment on a claim by two plaintiffs asserting a property interest in a strip of land held by cotenants, that motion should be […]
Real property – Adverse possession – Prescriptive easement
Where two plaintiffs have claimed ownership by adverse possession of a portion of a parcel of land, they are entitled to a declaratory judgment, as they treated the disputed area […]
Real property – Adverse possession – Landscaping
Where defendants have claimed ownership of various parts of 17 Crestwood Road in North Reading by virtue of landscaping and other activities, the plaintiff acquired by adverse possession the part […]
Real property – Adverse possession
Where plaintiffs have claimed title by adverse possession to portions of the defendants’ abutting property, the plaintiffs have obtained title by adverse possession to a portion of land incorporated into […]
Real property – Trespass – Adverse possession
Where the Cambridge Housing Authority has claimed trespass by the owners of an abutting lot, the authority is entitled to summary judgment because the trespass is not de minimis and […]
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
