Massachusetts Real Estate and Property Dispute Lawyer

Property disputes we handle

Which court hears property disputes

Choosing the right court affects how quickly the case moves and what the court can order.

Boundary disputes

Boundary disputes often start with a new survey, a new fence or a new neighbor. The first steps are usually:

1. Review the deeds and recorded plans at the registry of deeds
2. Get a survey from a licensed land surveyor
3. Gather evidence of use, such as photos, old surveys and witnesses
4. Try to resolve it with the neighbor, often by a recorded boundary agreement

When agreement is not possible, the dispute can be decided in court, often the Land Court.

Adverse possession

In Massachusetts, a person can sometimes gain title to land they do not own by using it openly, continuously, exclusively and without permission for at least 20 years. The use must be the kind an owner would make, such as fencing, building or maintaining the land. Adverse possession claims are fact-specific and are strongly contested. Registered land and certain public land generally cannot be taken this way. Owners who see someone using their land can protect themselves by acting, for example by giving permission in writing or asserting their rights.

Easements and rights of way

An easement is a right to use someone else’s land for a specific purpose, such as a driveway, a path or utility lines. Easements can be created by deed, by necessity, or by prescription, which generally requires open, continuous and adverse use for 20 years. Disputes often involve whether an easement exists, where it is, how wide it is and what it allows. Blocking a valid easement, or overusing one, can lead to a court order and damages.

Co-owner disputes and partition

When two or more people own property together and cannot agree on whether to keep, sell or divide it, any co-owner can generally ask a court to partition the property. The court can divide the land, if that is practical, or order it sold and the proceeds divided. Partition cases often arise between siblings who inherited a house, unmarried partners and investors. The court considers contributions such as mortgage payments, taxes and improvements when dividing proceeds. A negotiated buyout is often faster and less expensive than a court-ordered sale.

Failed purchases and deposit disputes

Most Massachusetts home sales use an offer to purchase followed by a purchase and sale agreement. When a deal falls apart, disputes often concern:

A buyer seeking to enforce a sale may record a memorandum of lis pendens, with court approval, to give notice of the claim. Deadlines in the purchase agreement are strict, so act quickly.

Contractor and construction disputes

Property owners and contractors often disagree about defective work, delays, cost overruns and payment. Massachusetts has special rules for home improvement contracts on owner-occupied homes, including written contract requirements and contractor registration. Contractors and subcontractors who are not paid may have mechanic’s lien rights, which require strict notices and filings. Keeping the contract, change orders, payment records and photos is essential for both sides.

Trespass, nuisance and property damage

Property owners can bring claims when someone enters their land without permission, damages their property, or creates a nuisance that substantially interferes with their use and enjoyment, such as drainage problems, encroaching structures or repeated disturbances. Massachusetts law also allows increased damages when someone willfully cuts down or destroys trees on another person’s land. Remedies can include damages and a court order to stop the conduct or remove an encroachment.

Condominium disputes

Condominium disputes can involve common charges, repairs, use restrictions, rentals and the decisions of the board. The condominium’s master deed, declaration of trust, bylaws and rules, together with Massachusetts condominium law, control most questions. Associations have strong collection rights for unpaid common charges, including a lien that can lead to foreclosure in some cases. Unit owners and boards both benefit from reviewing the documents before a dispute escalates.

Title problems

Title defects, such as old mortgages that were never discharged, errors in deeds, missing heirs or competing claims, can block a sale or refinance. Many problems can be fixed with corrective documents. Others require a court action to quiet title or clear the record. Title insurance may cover some losses.

Temporary orders

Some property disputes cannot wait. When a neighbor is building on disputed land, blocking access or causing ongoing damage, the court can grant a temporary restraining order or preliminary injunction while the case is pending, if the legal standards are met. Acting quickly preserves your position.

Resolving property disputes without a trial

Neighbors and co-owners often have to live with each other after the dispute ends, so a negotiated resolution has real value. Common solutions include:

Whatever the agreement, it should be in writing and, when it affects title, recorded, so it binds future owners.

Costs and timelines

Property cases vary widely. A dispute resolved by a survey and a recorded agreement may take a few weeks. A contested Land Court case with surveys, expert testimony and a trial can take a year or more. Costs depend on how many surveys, experts and hearings are needed. We give you a realistic estimate at the start, and we look for ways to resolve the dispute early when that serves your interests.

Practical steps before a dispute escalates

• Get a copy of your deed and any recorded plans
• Order a survey if the boundary is unclear
• Take dated photos of the problem
• Keep communications with the other side polite and in writing
• Do not remove a neighbor’s fence or structure yourself
• Talk to a lawyer before taking any action that cannot be undone

Clients who speak Portuguese or Spanish

What to bring to your consultation

• Your deed, title insurance policy and any recorded plans or surveys
• Purchase and sale agreements and closing documents, if relevant
• Photos showing the problem and how long it has existed
• Letters, emails and texts with the other side
• Contracts, invoices and payment records for construction work
• Any court papers sent or received

How we help

Related pages

Frequently asked questions

My neighbor’s fence is on my land. What should I do?

Get a survey first, then talk with a lawyer before removing anything. Many fence disputes are resolved by agreement once the boundary is clear.

How long does adverse possession take in Massachusetts?

Generally 20 years of open, continuous, exclusive and adverse use.

Can I force the sale of property I own with someone else?

In most cases, yes. A co-owner can ask a court to partition the property, which may lead to a division or a sale.

Can the seller keep my deposit if the deal falls through?

It depends on the purchase agreement and whether you used your contingencies on time. Review the agreement right away.

Which court handles boundary disputes?

Often the Land Court, although some cases can be heard in the Superior Court.

What if my neighbor cut down my trees?

Massachusetts law can allow increased damages when someone willfully cuts trees on another person’s land.

Can a court stop construction while a dispute is pending?

Yes, if the legal standards for a temporary order are met.

Do you handle property disputes anywhere in Massachusetts?

Yes. Botelho Law Group represents property owners across Massachusetts.

Can you help in Portuguese or Spanish?

Yes. Our team includes fluent Portuguese-speaking and Spanish-speaking staff who work with Attorney Botelho.