Legal Opinion

Feinzig v. Ficksman

Massachusetts Appeals Court

Decided January 28, 1997No. 95-P-648PublishedCited by 18 opinions

1Opinion of the CourtKass, J.

In this encroachment case, we consider the jurisdiction of the Superior Court to enter judgments that impose burdens on registered land, and we revisit the limits of “tolerable encroachment” in light of Goulding v. Cook, 422 Mass. 276 (1996),

Paul and Gail Harris and their predecessors in title, David and Diane Feinzig, are the plaintiffs in this controversy. The real estate in which they had or have an interest — the Har-rises bought it from the Feinzigs — is a single family house property at 17 East Boulevard Road, Newton (“the Harris lot”). Rodelyn Ficksman owns 25 East Boulevard Road (“the…

2Cases cited21 opinions

  1. Turnpike Motors, Inc. v. Newbury Group, Inc.Massachusetts Supreme Judicial Court · 1992
  2. Tyler v. Judges of Court of RegistrationMassachusetts Supreme Judicial Court · 1900
  3. Goldstein v. BealMassachusetts Supreme Judicial Court · 1945
  4. Kozdras v. Land/Vest Properties, Inc.Massachusetts Supreme Judicial Court · 1980
  5. Harrington v. Fall River Housing AuthorityMassachusetts Appeals Court · 1989

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3Cited by18 opinions

  1. Sullivan v. Kondaur Capital Corp.Massachusetts Appeals Court · 2014
  2. Garabedian v. WestlandMassachusetts Appeals Court · 2003
  3. Collins v. HuculakMassachusetts Appeals Court · 2003
  4. Brandao v. DoCantoMassachusetts Appeals Court · 2011
  5. Capodilupo v. VozzellaMassachusetts Appeals Court · 1999

13 more not listed; retrieve them via the Exa API.

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