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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 – Boundary dispute
Where a dispute has arisen over the location of the common boundary between abutting parcels in Lexington, the boundary is that claimed by the defendants, but the plaintiffs have title […]
Real property – Joint tenancy – Severance
Where (1) a petition was filed in the Probate & Family Court to partition real property owned by two joint tenants and (2) the parties reached a negotiated agreement that […]
Litigators conduct post-mortem in golf course easement case
Real estate litigators are sifting through the wreckage of a $3.5 million jury verdict to draw lessons from the Supreme Judicial Court’s most recent decision on easements and the law […]
Real property – Easement – Golf course
Where plaintiffs who purchased a home next to a defendant golf course filed a trespass complaint after their home was hit by errant golf balls, a jury verdict in the […]
Estoppel, fraud claimed in Martha’s Vineyard land battle
“It has been a pleasure working with you to preserve this parcel,” the letter, dated March 1996, reads in part. In another letter around the same time, the recipient — […]
Real property – Lis pendens – Loans
Where plaintiffs suing over loans to a defendant real estate developer have filed a motion for approval of a memorandum of lis pendens, that motion should be allowed despite the […]
Real property – Extinguishment – Prescription
Where plaintiffs have claimed deeded rights to use a way in Edgartown, their rights have been extinguished through prescription. “… The pending motions concern a way that appears on a […]
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 – Deed – PDF copy
Where a plaintiff has challenged the validity of a deed, he is entitled to a judgment declaring that the deed is null and void because there was no delivery of […]
Real property – Contempt – Fill
Where a plaintiff filed a complaint for contempt, alleging that the defendant failed to comply with a preliminary injunction requiring the removal of fill, a judgment in favor of the […]
Real property – Public way – Discontinuance
Where the town of Concord has alleged that Estabrook Road has been and remains a public way, the right of the public town to access and use the road was […]
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
