Tag Archives: Title

Building on Lands Formerly Used as Railroad Right-of-Ways- An Amendment That May Simplify the Permitting Process

For the last forty-five (45) years, obtaining a permit to build any type of structure on any former railroad right-of-way in the Commonwealth of Massachusetts has been far from seamless. Massachusetts General Law c.40 §54A, enacted by the legislature in … Continue reading

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Title Defect? Here’s How to Keep Your Deal on Track

You are under contract to sell a commercial or residential property and your attorney tells you two weeks prior to closing that the buyer’s title search has revealed a title defect. While there is a large array of issues that … Continue reading

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Appeals Court Ruling is Warning Not to Interfere with Deeded Easement Rights

The Appeals Court’s ruling yesterday in Martin v. Simmons Properties, LLC emphasizes that property owners act at their peril when they infringe upon deeded easement rights.  In this case, Clifford Martin owned property in an industrial/commercial subdivision on the Medford-Somerville … Continue reading

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Another Landmark Foreclosure Decision

On Friday, the Supreme Judicial Court in Eaton vs. Federal National Mortgage Association issued another important decision concerning the mortgage foreclosure process in Massachusetts.  The Court concluded that if a bank uses the auction process to foreclose a mortgage, then … Continue reading

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Lost Note Renders Mortgage Invalid

In the case of JPMorgan Chase & Co. v. Casarano, the Massachusetts Appeals Court affirmed a decision by the Massachusetts Land Court invalidating a mortgage due to a lost promissory note.  The plaintiff sought to quiet title and establish the … Continue reading

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