In a Massachusetts real estate action, a claimant may assert multiple legal grounds to establish their ownership or other rights in a particular parcel of land. In an October 24, 2019 case, the plaintiffs brought an action seeking an adjudication as to their easement rights over two beaches owned by the defendants. Their claims were based […]
In McBride v. Smith, (2018) 18 Cal.App.5th 1160, the court of appeal held that a prescriptive easement claim can survive a demurrer (that is, a which is a motion to dismiss brought early in the case), where allegations in the complaint suggest that the plaintiff’s easement use was contrary to language contained in the recorded […]
A Massachusetts Real Estate Litigator Talks About Lis Pendens Basics, Strategy, and Pro Tips. Recently, I gave a well attended webinar for the Real Estate Bar Association on a subject that is near and dear to my real estate litigator’s heart — The Massachusetts Lis Pendens. The webinar was an introductory presentation which I called […]
Claims deadlines and submittals are no longer easy for Florida policyholders. Thanks to many recent legislative changes, which many Florida’s politicians wholeheartedly supported, Florida policyholders now have intricate claims requirements that can spell doom for them and allow insurance companies loopholes to avoid paying otherwise valid claims. It’s hard to keep up with all the changes to […]
In general, new homes must be constructed pursuant to the current requirements of local Massachusetts real estate zoning bylaws. Under some circumstances, however, the zoning bylaw may provide for an exception, such as for existing structures. In an October 7, 2019 opinion, the Appeals Court of Massachusetts considered whether a cottage that had been destroyed […]
As many housing providers and tenants have experienced when leasing a residential property, sometimes issues pop up in the property that require repair. Some might be minor- such as fixing the pilot light on a stove burner- and others larger- such as remediating mold in a property. But whose job is it at the end […]
This is the third and final part of a three-part series. In Part 1 I took a look at the Grenfell Fire Inquiry report and set out what, in my view, are the main organisations and issues which the Inquiry found were responsible for the fire. In Part 2 I looked mainly at the doctrines […]
When you think of criminal offences, trespassing usually doesn’t make the top of the list. It is one of those acts that are not regarded as high-profile cases. However, the law doesn’t treat such offences lightly even if the person who has been caught trespassing has not been aware that they are committing a criminal […]
When buying or selling a property in Florida, it is essential to ensure that the title is clear and free of any issues affecting ownership rights. Unfortunately, title issues can arise even after a property has been purchased, leading to significant legal problems. If you find yourself in this situation, it is important to understand […]
Tenants Given Presumptive Right to Seal Certain Eviction Records; Strict Rules Imposed On Credit Reporting Agencies; Landlords May Lose Invaluable Tenant Screening Tool After years of lobbying, tenant advocates finally got a long-sought after eviction sealing measure through the Legislature and signed by Governor Healey as part of the recently passed Affordable Homes Act. Gov. […]