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A Massachusetts appellate court has ruled for the first time that new land which accretes to registered waterfront land is treated as registered land automatically, without the registered landowner filing additional proceedings.

In Brown v. Kalicki, decided earlier this week, neighbors sought to establish an easement by prescription to use for recreational purposes a

Image copyright Catherine Lane 2015

The Massachusetts Legislature and Governor Baker have taken a much needed step to limit further problems resulting from the Ibanez decision and its progeny.  Those cases made clear that a foreclosure by a party that did not yet hold an assignment of the mortgage failed to convey good title.  As a result, many third party

In its recent decision (pdf) in Abate v. Fremont Investment & Loan, the Supreme Judicial Court (SJC) affirmed a Land Court judgment dismissing a foreclosed borrower’s “try title” action.  “Try title” is a nineteenth century cause of action that allows an owner of land to force someone with an adverse claim to the land 

In a case of first impression, the Appeals Court ruled last week in Allen v. Allen that a recorded deed with an acknowledgement falsely stating that the grantor had personally appeared before the notary public was unenforceable against a family member with a competing, subsequently recorded deed. 

Allen pitted the plaintiff sister, Deborah, against her defendant brother, Harold Jr.  In July

In its recent decision in Bernier v. Fredette, the Appeals Court affirmed a Land Court ruling concerning the importance of monuments in deed descriptions.  In real estate parlance, a monument is a fixed object used by surveyors to establish land boundaries.  While it doesn’t break new ground, this decision provides a good illustration of

two (A1074067).jpgIn the last few weeks the Supreme Judicial Court (SJC) decided two more cases dealing with the effects of botched foreclosure sales. 

The more important decision is U.S. Bank National Association v. Schumacher (pdf).  Schumacher arises from M.G.L. c. 244, §35A, which the Legislature enacted in 2007 in response to the foreclosure crisis.  This statute requires foreclosing banks

Educational opportunities abound this spring!  Next Tuesday, April 2, 2013, at the Massachusetts Continuing Legal Education (MCLE) headquarters in Downtown Crossing, my current Rackemann colleague and fellow MLUM contributor Gordie Orloff, and my former Rackemann colleague, Land Court Justice Robert B. Foster, will be among the panelists in a program entitled, “Resolving Common & Complex Title Issues.”  Among other topics, this program will cover how to spot