Massachusetts Rule Confirmed, No Legal Remedy for Damage Caused by Neighbor's Healthy Tree

Massachusetts Rule Confirmed, No Legal Remedy for Damage Caused by Neighbor's Healthy Tree

The Massachusetts Supreme Judicial Court has affirmed the continued validity of the “Massachusetts Rule” with respect to tree damage, which states that if your neighbor’s healthy tree extends over and causes damage to your property, you cannot sue your neighbor, but you may remove the offending branches or roots on your side of the property line to prevent damage.

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Johnson & Borenstein win subdivision appeal against Town of Lunenburg in Land Court

Johnson & Borenstein win subdivision appeal against Town of Lunenburg in Land Court

The Land Court has issued a decision in favor of Johnson & Borenstein’s client, O’Brien Homes, against the Town of Lunenburg Planning Board, reversing the Board’s denial of subdivision plans and clearing thefor development of 135 residential lots. The Court invited the developer to proceed with its bad faith claim against the Town.

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Appeals Court Affirms Anti-SLAPP Relief Not Available in Land Court Try Title Action Where Defendants Named Based on Claim of Property Rights, Not Petitioning Activity

Appeals Court Affirms Anti-SLAPP Relief Not Available in Land Court Try Title Action Where Defendants Named Based on Claim of Property Rights, Not Petitioning Activity

The Appeals Court has affirmed a Land Court judge’s decision that relief under the anti-SLAPP statute was not available to certain defendants in a try title action where their inclusion in the litigation was based upon their activities described in an affidavit filed with the municipality, rather than the filing of the affidavit itself.

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