Property Disputes in Massachusetts

Property disputes in Massachusetts are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear. Find out what you can do if you have a property dispute in Massachusetts. Discover the legal remedies and actions that can help you clear up a misunderstanding or manage an issue involving your property.

What Is a Property Dispute?

Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Massachusetts property disputes can involve a wide range of parties, which might include some of the following:

  • Neighbors
  • Homeowners’ association
  • Landlords and tenants
  • Family members
  • Trespassers
  • Property visitors
  • Government agencies

In Massachusetts, the Land Court hears a wide range of cases involving real property. Some examples include ownership, easements, property boundaries and partition proceedings. The Court is based in Boston, but the seven justices of the Land Court will travel to other court locations in the state as needed.

Common Types of Massachusetts Property Disputes

Often, the result of a property dispute in Massachusetts is the plaintiff will receive compensation to cover their losses. The most common property disputes include:

Beyond these examples, you may find other situations in Massachusetts where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own. 

Understanding Typical Massachusetts Property Disputes

The Massachusetts Trial Court Law Libraries offer a compilation of laws and cases regarding tree damage laws in the state. For example, only the tree warden or their deputy can trim, cut, or remove public shade trees.

The Massachusetts Constitution protects the people’s right to the conservation, development, and utilization of agricultural and other natural resources. Massachusetts law also states that no local zoning, by law, may prohibit, regulate, or require a special permit for the use of land for the primary purpose of agriculture. Furthermore, the odor or noise from a normal and properly maintained farm shall not constitute a nuisance.

Legal Process for Boundary Disputes in Massachusetts

Has someone brought a property dispute against you in Massachusetts, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.

Understand the Boundary Issue

To understand the specific boundary dispute, you’ll have to do the following things:

  • Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
  • Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
  • Do a title search to find all of the documents in the chain of title of your Massachusetts property. The title search will show if any deeds may affect your ownership.

These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.

Under Massachusetts law, you cannot maliciously erect a fence which unnecessarily exceeds six feet in height for the purpose of annoying your neighbor. Such a fence is deemed a private nuisance. Furthermore, the neighbor who is injured in the enjoyment of his property may have an action of tort for damages.

Try to Find a Solution with Your Neighbor

Massachusetts dispute litigation can cost a fortune, not to mention it can take a long time to settle a dispute. That’s why it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.

Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.

If no progress happens and it’s clear that you and your neighbor are still on completely different pages, then it’s time to take legal action.

Send a Demand Letter

At this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.

This letter will be from your Massachusetts attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.

Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.

Go to Court or Reach a Settlement

Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will look closely at the evidence presented and determine who owns the Massachusetts property in question. If you can’t reach an agreement, then the court will make a final decision based on the evidence you both submit. The court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it is always in your best interest to settle.

Work With an Experienced Local Property Dispute Lawyer in Massachusetts

When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer that understands Massachusetts property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across Massachusetts state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!

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