In a recent “unpublished” decision in Cohen v. City of Somerville (pdf), an Appeals Court panel confirmed that M.G.L. c. 240, § 14A – which allows a landowner to obtain a judicial declaration of the extent to which a zoning regulation applies to a
Massachusetts Land Use Monitor
Real-Time News & Commentary on Land Use & Real Estate Law
The Massachusetts Land Use Monitor, published by Rackemann, Sawyer & Brewster, focuses on legal developments and issues related to land use and real estate in Massachusetts. It covers topics such as property rights, easements, joint ownership disputes, real estate transactions, zoning and permitting processes, and foreclosure duties. The blog discusses court decisions affecting land use, regulatory changes impacting developers and property owners, and practical considerations in property law including rights of first offer, easements by estoppel and implication, and partition actions. It also addresses the impact of state and municipal regulations on land development and property management.
Latest from Massachusetts Land Use Monitor - Page 5
SJC Removes Another Arrow From The Foreclosure Defense Quiver
By Donald Pinto
In its recent decision (pdf) in Abate v. Fremont Investment & Loan, the Supreme Judicial Court (SJC) affirmed a Land Court judgment dismissing a foreclosed borrower’s “try title” action. “Try title” is a nineteenth century cause of action that allows an owner of land to force someone with an…
SJC Confirms That Zoning And Subdivision Control Are Two Different Animals
By Donald Pinto
Last week the Supreme Judicial Court (SJC) issued its much-anticipated decision in Palitz v. Zoning Board of Appeals of Tisbury. The fact that the high court took this appeal directly from the Land Court (bypassing the Appeals Court) caused some to wonder…
Period Of Public Ownership Doesn’t Stop Adverse Possession Clock
By Donald Pinto
The Appeals Court’s recent decision in 1148 Daviol Street LLC v. Mechanic’s Mill One LLC will be of interest to adverse possession buffs.
The issue on appeal was whether the plaintiff’s adverse possession claim started running during a 14-year period when the defendant’s property was…
Further Foreclosure Fallout
In its decision earlier this year in U.S. Bank Natl. Assn. v. Schumacher (pdf), the Supreme Judicial Court addressed the impact of a failure to comply with requirements for providing notice of the mortgagor’s right to cure a default pursuant to M.G.L.
No Deference for Unreasonable Interpretation of Zoning Bylaw
In its recent rescript opinion in Pelullo v. Croft, the Appeals Court affirmed a Land Court decision that overturned a building inspector’s interpretation of an undefined term in the Natick Zoning Bylaw. The Appeals Court found that the building inspector’s interpretation…
Landowner Near Gillette Stadium Gets New Set Of Downs In Eminent Domain Case
In its recent decision in Rodman v. Commonwealth (pdf), the Massachusetts Appeals Court reversed a Superior Court judgment entered after a jury trial almost 10 years ago. That judgment had required the plaintiffs, who sought damages for an eminent domain taking of their land in Foxboro, to repay the…
Breaking: SJC Rules That Candidate Can’t Be Barred From Soliciting Signatures At Private, Stand-Alone Supermarket
By Donald Pinto
In a closely-watched case affecting hundreds of stores and other commercial establishments across Massachusetts, the Supreme Judicial Court (SJC) today ruled that Article 9 of the Massachusetts Declaration of Rights – which protects the right of equal access to ballots – trumps the right of private property owners to…
Fully Conforming Structure Not Tainted By Nonconforming Use
In a case of first impression, the Appeals Court recently ruled that a dimensionally conforming structure used for a nonconforming use can’t be considered a nonconforming structure under M.G. L. c. 40A, § 6 (Section 6), first paragraph. The case is Welch-Philippino v. Zoning Board of Appeals…
Recorded Deed With Phony Acknowledgement Is Ineffective
By Donald Pinto
In a case of first impression, the Appeals Court ruled last week in Allen v. Allen that a recorded deed with an acknowledgement falsely stating that the grantor had personally appeared before the notary public was unenforceable against a family member with a…