Obtained permanent, exclusive, easement against neighboring property.

Our clients’ driveway and garden areas encroached onto their neighbors’ land, leading to a contentious dispute. We filed an adverse possession and prescriptive easement action in the Land Court seeking to assert our clients’ rights to the disputed portions. We further recorded a Notice of Lis Pendens with the Registry of Deeds to encumber the neighbors’ property pending resolution of the matter. The neighbors filed a competing quiet title action in the Land Court seeking to obtain the court’s declaration that they held title to disputed portions in fee simple.

With a long, litigious, courtroom dispute appearing likely, we advised our clients to participate in early mediation. There, in light of our compelling argument that our clients, combined with their predecessors-in-title, had exercised sufficient and non-permissive dominion and control over the disputed portions, for a period in excess twenty years, we were able to negotiate a highly favorable settlement for our clients by which they were granted a permanent and exclusive easement on the disputed portions. Furthermore, there was no cash payout nor land swap to the neighbors, as had initially been proposed.

Related Posts

Saturday, October 21, 2023 – Annual Condo Conference & Expo

Annual Condo Conference & Expo Community Associations Institute New England Chapter Saturday, October 21, 2023 9:00 a.m. – 2:30 p.m. Marriott Hotel, Burlington, MA ——————————————————— This conference has been approved for 3 hours of continuing education. expo vendors and

Read This

Prompt & Professional Legal Advice

Call Today!
Top

Join Our Newsletter