Recently, the Supreme Judicial Court affirmed in White, et al. v. Hartigan, et al. that a Martha's Vineyard landowner's property rights to an exclusive beachfront property does not shift upwards due to the erosion of the beach, but rather, the property and the owner's interest in it simply washes away.
Property Rights Washed Away by the Ocean
Appeals Court Eases the Restriction on Condominium Associations to Bring Construction Defect Claims Against Contractors and Developers
In a significant opinion, the Massachusetts Appeals Court has made it easier for condominium associations to recover for common area construction defects. In Wyman v. Ayer Properties, LLC, the Appeals Court held that the economic loss doctrine did not preclude a condo association's negligent construction claim.
Title Insurance: Don't Buy Real Estate Without It
The Land Court's decision in HS Land Trust v. Gonzalez reminds us all of the importance of title insurance when buying real estate and the often overlooked method of foreclosure: foreclosure by entry. At the heart of the dispute was a mortgage lender attempting to establish possession despite the fact that, for nearly two decades, he never resided on the property, paid no taxes, purchased no insurance, collected no rent, and the property was conveyed multiple times.
