massachusetts boundary law
… Unlike many states, Massachusetts has a court that specializes in property cases: Land … In 1773, the western boundary of Massachusetts was settled with New York in its present location, and surveyed in 1787, ... "The Law Wars in Massachusetts, 1830-1860: How a Band of Upstart Radical Lawyers Defeated the Forces of Law and Order, and Struck a Blow for Freedom and Equality Under Law." Can you add one? I have helped many Massachusetts property owners with these disputes and have the legal experience necessary to get results in these important legal matters. Boundary by acquiescence allows recognition of a boundary where there is an unspoken agreement between the parties, recognition of the boundary for a long period of time, and a fixed line that is definite and certain. 0 Ratings 0 Want to read; 0 Currently reading; 0 Have read; This edition was published in December 1989 by Professional Education Systems. Massachusetts foreclosure law is complex. Massachusetts boundary dispute law. Refreshed: 2018-06-06 Massachusetts Streets and Ways for Surveyors, by F. Sydney Smithers, Esq., 2011 This 78-page document provides a lengthy discussion of public & private ways in Massachusetts including establishment and maintenance of ways, installation of utilities, easements, discontinuance and subdivision control. Massachusetts, ... Massachusetts law allows property owners to get a court declaration on property ownership and a court order preventing a party from using a portion of the property, if necessary. Fences can also infringe on the rights of neighbors to live in a safe and scenic environment. Massachusetts City/Town Boundaries (Survey-derived) description: This political boundary layer is the most accurate representing the city and town boundaries in the Commonwealth of Massachusetts. Encroachment … not the neutral-zone penalty that will cost the defense five yards. The Boston real estate lawyer at The Dunn Law Group, P.C. Listen to my recent radio appearance on boundary line disputes and adverse possession! This edition doesn't have a description yet. 53 (1851) ... Includes: Technical aspects of determining waterfront property lines and boundaries, a summary of law governing the loss of title to beach due to erosion or submersion, and waterfront property issues. Rhode Island v. Massachusetts, 37 U.S. (12 Pet.) 2013 New York Consolidated Laws STL - State Article 2 - (2 - 10) STATE BOUNDARIES 3 - Massachusetts boundary line. 600 (1911). Article 2, State Boundaries; Section 3, Massachusetts Boundary Line. by Rich Vetstein on August 11, 2012. See 15 Warren's Weed New York Real Property WATER § 5.01, at 43-44 (4th e d. 2002) (c iting I n re Opening West Farms Road, 212 N.Y. 325 (1914) ). Massachusetts Boundary Law and Adjoining Landowner Disputes Order Disputes: Sulla, Paul J: 9789990690859: Books - Amazon.ca Neighbor law: fences, trees, boundaries, & noise , Nolo, 2020. Read less. Therefore, you must be very sure that the stakes are entirely on your property. The gradual accretion of land, and the gradual change of the water's thread, can change the boundary line. Massachusetts boundary law and adjoining landowner disputes by Paul J. Sulla, unknown edition, Includes information on spite fences, boundary trees, obstruction of views, invading branches and more. Click play. With yet another win under my belt, I have built a solid niche practice area in Massachusetts adverse possession law and boundary line disputes. A marker may be a naturally occurring landmark, such as a tree. The law is clear that one cannot exercise his right to plant a tree in such a manner as to invade the rights of adjoining landowners. Under Massachusetts law, there is a presumption that the uninterrupted and continuous use of an easement for the prescriptive period is under claim of right and adverse to the true owner of the land. I’m not kidding, this is the law, and this principle comes up more than you think in boundary line disputes in Massachusetts. The case involved a boundary dispute between Massachusetts and Rhode Island dating back to colonial times. Massachusetts Boundary Law and Adjoining Landowner Disputes Order Disputes by Paul J Sulla. A survey or plot plan, however, is not always the final authority for determining land boundaries. Or, a surveyor may place iron stakes or small brass caps in the ground to officially mark the property line. Lu, Qian. Massachusetts Adverse Possession Law. Boundary by Acquiescence: The easier way to steal your neighbor’s land. 13, 72 S.E. has 15 years experience successfully handling boundary line disputes. Contact the attorneys at Calabrese Law Associates today to schedule an appointment. This datalayer has been created from latitude and longitude coordinates found in the 68-volume Harbor and Lands Commission Town Boundary Atlas. When your neighbor's tree blots out the sun, can you force them to take it down? A boundary by acquiescence is usually represented by a fence, a lane, a ditch, or some other … WATER COURSE AS BOUNDARY. I really enjoy working on these types of cases as they are factually intensive and usually have a fair share of nasty neighbor drama! When one brings a foreign substance on his land, he must not permit it to injure his neighbor. In Massachusetts, anyone removing such a marker can be jailed for six months or fined $50 or … The Anatomy of a Massachusetts Adverse Possession Trial: A View from Counsel’s Table. 2015 Massachusetts General Laws PART I ADMINISTRATION OF THE GOVERNMENT TITLE I JURISDICTION AND EMBLEMS OF THE COMMONWEALTH, THE GENERAL COURT, STATUTES AND PUBLIC DOCUMENTS CHAPTER 1 JURISDICTION OF THE COMMONWEALTH AND OF THE UNITED STATES Section 4 Commonwealth boundary markers; inspection, restoration and repair. When boundary or encroachments disputes arise, a little known legal doctrine often comes into play: adverse possession. Under New York law, confined bodies of water -- such as rives, streams, lakes, and ponds -- are categorized as natural monuments for the purpose of describing the boundaries of real property. This is very important … Disputes about boundaries caused by unclear or inconsistent land or easement descriptions in deeds; ... difficult questions of Massachusetts real estate and property law, so it is important to obtain experienced legal counsel if you are the owner, buyer or seller of residential or commercial real estate. Update: My Clients Prevail (Click Here for Judge’s Ruling) Effective Preparation and Historical Timeline Key To Trial. Litigation and Real Estate Lawyers . From Partisan Banking to … But Massachusetts’ current hate crime statutes are critically ineffective. American Journal of Legal History 58.3 (2018): 326-359. § 44-8-2. Easements By Necessity – To establish an easement by necessity, a claimant just prove three elements: 1. Boundary Line Dispute In Newton. O.C.G.A. A fence around private property can serve many purposes, from creating a feeling of privacy to securing boundaries for animals. Rather, encroachment is what happens when your neighbor’s tree roots break into your sewer system, when leaves and nuts are dumped into your gutters, or when the branches rain down on your car or lawn. The Massachusetts tree law (General Laws chapter 242, section 7) allows up to triple the damages for the malicious trimming, ... That being said, it is wise that property owners who propose to cut trees close to property boundary lines consult a plot or survey plan to make sure that the trees aren’t a part of their neighbor’s property. SIDE NOTE — LAWS PROTECTING BOUNDARY MARKERS. Property law covers many legal matters that affect Massachusetts homeowners, including boundary disputes, clouds on title, and real estate contract disputes. Squatting may also be illegal under the state’s criminal trespass or fraud laws if the squatter damages the property or presents fraudulent property deeds. Accretion is the process of growth or enlargement by a gradual buildup, and in boundary law, the relevant concept is the increase of land by the action of natural forces. Nothing in the record discloses any intention of the parties that the tree mark a boundary line between the properties. Massachusetts law provides several different remedies for resolving boundary disputes, including declaratory judgments (a court order determining a party’s legal rights), injunctions (a judicial order preventing a party from doing something), and quiet title (an action to … Commonwealth v. Alger, 61 Mass. James v. State, 10 Ga.App. Our real estate lawyers in Boston, Massachusetts, can assist with condominium laws, boundary line disputes, landlord tenant laws, foreclosure laws, and property development and land use. Squatting is a civil offense in Massachusetts and the legal owner of the property has the right to evict the squatter by obtaining a court order through the civil courts. Requires free library card for access. The case is Miller v. Abramson (Mass. Read more. * (this is a requirement Massachusetts Federal Court) If you are involved in property line and boundary dispute please contact the experienced real estate attorneys at Calabrese Law Associates today for a free consultation to discuss your case and your available options. 657 (1838), was a United States Supreme Court case in which the Court asserted its original jurisdiction over a suit in equity by one state against another over their shared border. A. As a member of the Greater Boston Association of REALTORS and the Massachusetts Real Estate Bar Association, our attorney has the in-depth knowledge that is needed to help you work through any and all issues related to boundary disputes. Appeals Court Aug. 29, 2019) and is a good example of a classic adverse possession lot line dispute. Robert Frost ‘s famous poem The Mending Wall says “good fences make good neighbors.” When that fence encroaches over a neighbor’s property line, however, that good neighbor can turn nasty very quickly. Removing boundary markers can be prosecuted as a criminal offense under Chapter 266, Section 94 of the Massachusetts General Laws. I just completed a four day jury waived trial in an adverse possession case in Superior Court. Permanent boundary monuments or survey markers are protected by state law. Subjects Foreign relations, Politics and government. Boundary Line Disputes, Disputes, Land Court, Neighbors, Trespass to Trees September 9, 2015 January 30, 2018 | 13 Comments on Frequently Asked Questions About Tree Law in Massachusetts Frequently Asked Questions About Tree Law in Massachusetts I wanted to … Municipal law and practice, (Mass. ENCROACHMENT, MASSACHUSETTS STYLE. Provides "a comprehensive overview of the history of Massachusetts tideland law." Measuring the Damages: The Restoration Cost .