Experienced, Efficient & Effective Trial Lawyers
Real Estate disputes threaten unique, irreplaceable assets. Our vast real estate litigation experience in the Superior Courts and Land Court enables us to try issues to verdict and to craft creative solutions to difficult problems. Our experience includes actions to cure title defects, litigating boundary disputes, litigating claims of adverse possession or prescriptive easements, try title actions, and purchase and sale contract disputes.
Breach of Contract
Parties enter into real estate agreements, or contracts, on a regular basis. When one of those parties does not adhere to the terms of the contract, the other party may sue for a breach of contract. It is imperative that when you sign a contract you understand what exactly you are agreeing to. This means reading the entire contract, even the tiny print.
In order to avoid any problems in the future, it is a good idea to speak with a real estate attorney in Massachusetts before signing a real estate contract. The attorney can advise you of any concerning issues with the contract, what is expected of you under the terms of the contract, and what you can expect of the other party or parties.
Boundary Disputes
Every property has a boundary, where ownership of one party ends and ownership of another party begins. Often, there is confusion over the exact location of a boundary line, which leads to litigation. Sometimes, neighbors have been operating under the assumption that the property line is something different than what is registered in the county where the property is located. A quiet title action is the correct way to settle a boundary dispute.
Before purchasing a piece of property, it is best to have a survey completed so that you know exactly where the boundaries are and if there are any encroachments on the property.
Petition to Partition
Partition actions are unique in that the party bringing the action is not necessarily alleging that any other party has done anything wrong. These actions are often used when a property has more than one owner, and the different owners no longer wish to be co-owners. One party may want to buy out the others, or all parties may want to sell the property and split the proceeds. The court may also conduct an accounting so that it can accurately determine if one party deserves more proceeds than another.
Quiet Title Action
When there is a question as to who is the proper owner of a piece of property, a quiet title action is often brought to settle the matter. A quiet title action allows the court to look at the evidence and determine the correct owner. Quiet title actions are used for boundary disputes, adverse possession cases, or when ownership of property needs to be determined.
Case Study
Clisham et al. v. Varano, Worcester Superior Court
RESULT: Defense Verdict on Claim of Prescriptive Easement
Our client's neighbor sued to establish a prescriptive easement over a common driveway running across abutting properties. The neighbor claimed that its family's use of the common driveway for more than twenty years entitled it to prevent our client from installing a fence along the property line. At a jury-waived trial, we successfully established that the neighbor's use of our client's property was at all times permissive, not adverse, defeating the prescriptive easement claim. We also successfully established that alternative means of egress to the neighboring property existed, defeating plaintiff's alternative theory of easement by necessity.
Contact Us Today
Through comprehensive case analysis and a wealth of real estate law resources, Callanan Law can provide reliable real estate solutions in a timely manner. Contact us at 617-849-9900 or by completing our online intake form.