Laura Goode’s Post

Are handwritten wills valid in Massachusetts? Katherine Dorval discusses the statutory requirements of wills in the commonwealth, as well as a recent decision from the Massachusetts Appeals Court. Learn more https://lnkd.in/exH3GNJ

Our next FAQ for the Landlord-Tenant Division is: What procedure does a landlord have to follow to legally evict a tenant? Answer: Before a case is filed with the Landlord-Tenant Division of the 36th District Court, a landlord must fill out and issue to a tenant one of two forms: either the "Notice to Quit" or "Demand For Possession" form. These forms can be found at: https://lnkd.in/dHk9kT8F Get more of your Landlord-Tenant Division questions answered at: https://lnkd.in/gPtkhNq5

In this article in the Aurora Beacon-News, Joe Jackson and Colleen Boraca share their thoughts on the recent Supreme Court ruling of Grants Pass v. Johnson and how it will affect our neighbors in need. To read the full article, visit: https://lnkd.in/gzHuJMCe

Do you know the three types of Contempt of Congress? I support this move! “The first type of contempt power is a citation of criminal contempt of Congress. This power comes from a statute passed by Congress in 1857.  Once a committee rules that an act of criminal contempt has occurred, the Speaker of the House or Senate President refers the matter to the appropriate US attorney’s office, “whose duty it shall be to bring the matter before the grand jury for its action.” “The second type of contempt power comes in the form of a civil lawsuit brought by the House or Senate, asking a court to enforce a subpoena. The Senate and its committees can bring such a lawsuit under a federal statute. No similar statute applies in the House, but the federal district court in Washington, DC, has decided that the House can nevertheless authorize its committees to bring a similar civil suit for enforcement of a subpoena.” “The third type of contempt power is Congress’s inherent contempt power. Under inherent contempt proceedings, the House or Senate has its Sergeant-At-Arms or deputy take a person into custody for proceedings to be held in Congress.” Sourced from the National Constitution Center. https://lnkd.in/g2qWTsZh

An appellate court in New Jersey has just declined to grant a commercial-property owner a “quasi-easement” that would allow it to park cars on a portion of its neighbor’s property. The court clarified the rarely invoked doctrine in its opinion, and distinguished it from other types of easements. As the court observed, a “quasi-easement” arises in certain circumstances where an owner uses part of their property to service another part, and then sells the first part to someone else. Courts view “quasi-easements” unfavorably, because they apply where the owner has been using an adjacent property to access their own property, even though there is another less-convenient point of access. Where a property is entirely cut-off from road access, another doctrine ("easement by necessity") applies. For a summary of the case and an analysis of the various types of property easements: https://lnkd.in/eU68CX9V #realestate

Check out our latest compilation of biweekly summaries and links to recent precedential opinions from the United States Court of Appeals for the Federal Circuit!

Partition Focus Friday: In Florida, the court plays a pivotal role in determining the allocation of costs in a partition action, especially in contested cases -- Contested Actions: In cases where the partition action is contested, the court may have to delve deeper into the case’s specifics to determine a fair cost allocation. This might include assessing the necessity and reasonableness of incurred costs.

Title Tuesday - Assessing Claims for Adverse Possession, and Easements by Necessity and Prescription. This week we wanted to draw your attention to an interesting decision out of the 2nd Department wherein the Court analyzed and rejected Plaintiff’s claims for Adverse Possession and Easements by Necessity and Prescription. Click the link below to read all about this case: https://lnkd.in/ekg4Zdd8 #nyrealestate #realestate #Home #noplacelikeHome #realestatelaw

This is a fascinating decision based on fascinating reasoning impacting virtually all corporate governance.

Who should a Court listen to when disputes arise in relation to a jointly owned property, is the majority view the only way, or is it more complex? The recent judgment in the case of Savage v Savage gives some helpful pointers. Click to read more. #PropertyDisputes #TrustDisputes