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January 2012 Archives

Private Nuisance Suits Against Municipalities: Limits on Damages and Open Issues in the Wake of Morrissey v. New England Deaconess Ass'n

It has been just over one year since the Massachusetts SJC rendered its decision in Morrissey v. New England Deaconess Ass'n-Abundant Life Communities, Inc., 458 Mass. 580 (2010). Although still relatively an unknown case, it has significant ramifications for private landowners seeking damages against municipalities for acts that constitute a nuisance.

An Introduction to Adverse Possession & Prescriptive Easements

Fences, driveways, structures, lawns, gardens, trees or shrubbery often extend beyond a deeded property line and encroach onto another's property. The area of land may only be a few feet wide or consist of an entire parcel. Depending on the duration and nature of the use in those areas, the person using the property of another may have a valid claim of ownership over the property (in fee simple) or some lesser degree of property rights (i.e. prescriptive easement).