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Real Estate Archives

Property Rights Washed Away by the Ocean

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.

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.

Brokers May Be Liable For Misrepresentations Even Though Purchase and Sale Agreement Limits Liability

Brokers and sellers of property need to be cautious of what they put in writing to advertise a property for sale. The Massachusetts Appeals Court in DeWolfe v. Hingham Centre Ltd. ruled that a jury should decide whether a commercial real estate broker misled a man into buying property he had hoped to ultimately convert into a hair salon.

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