Land Court Litigation

Land CourtOur firm regularly practices before the Massachusetts Land Court handling many forms of action exclusive to the Land Court including: Actions to Try Title, Actions to Quiet Title, Actions to Reform Deeds, Boundary Disputes, Easement and Rights of Way disputes, determination of zoning applications, zoning and/or permitting appeals, and S-Petitions. Our firm has handled title insurance claims for several national title insurance companies over many years providing our office with extensive experience and familiarity with the Land Court and its process. Put our office’s experience to work on your behalf. If you have a Land Court matter concerning your property don’t entrust it to just anyone contact us today to allow our expertise to work on your behalf.

We also handle all varieties of real estate related disputes, including:

  • Real Estate Litigation –Our office can also handle all your (Superior Court and/or District Court) real estate litigation needs including specific performance claims, contract (purchase and sale/offer) disputes, contractor (new construction or renovation) disputes, consumer protection actions, landlord-tenant actions and any other type of real estate related disputes.
  • Eminent Domain – If your property (whether commercial, residential, developed or vacant) is the subject of a Chapter 79 eminent domain taking, our office will represent your interests to maximize your compensation for such a taking. Our office will require the taking authority compensate for the best use of the property and maximize the true “market value” you are entitled to.


Recent Posts

A Declaration of Homestead can provide protection for a multi-use property – Appeals Court upholds lower court decision.

Back in April of this year Attorney Christopher Knoth posted a blog reporting on a Bankruptcy court decision where the Homestead protections pursuant to Massachusetts General Laws Chapter 188 were found to be available to a mixed-use property.  Last week the Bankruptcy Appeals Court confirmed that decision making several noteworthy points.

The Court specifically noted that the Massachusetts Supreme Judicial Court had admonished (in a topic related decision) that the intended public policy and the purpose of the Homestead Act should cause courts to construe the homestead exemptions liberally in favor of debtors.  Consequently the Court held that the mere use of a residence for non-residential purposes, at least when the predominant purpose is residential, does not, by itself, preclude an exemption for the Property.

Although counsel for the appellant argued that any non-residential use of a structure would exempt it from the protections of the Homestead statute (citing that the statute itself specifically defined the properties which could enjoy the protection) the Court firmly rejected that argument (invoking our presently undefeated local professional football franchise to illustrate): “If a homeowner in Foxborough were to rent out her driveway to Patriots fans on Gillette Stadium game-days . . . it defies intuition to think she no longer lives in a single-family dwelling.”

It is still important to note that the Court did not mandate a hard and fast rule but rather indicated that evaluations (to determine a property’s “primary” use) would ultimately be made on a “case by case” basis.

This case provides another clear demonstration that a Declaration of Homestead can be an invaluable protection for Massachusetts homeowners.  The current Homestead statute even allows its filing for a property held in Trust.  Additionally, the Massachusetts Homestead Law increases (doubles) protection amounts for the disabled as well as for homeowners 62 years of age or older.

Contact our office to make sure you have recorded a Declaration of Homestead for your principal residence in Massachusetts!

Attorney Harold F. Moody, Jr.

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