Massachusetts Court Records
Contract disputes and property disputes in Massachusetts
A host of non-criminal cases get resolved under the State Civil Law of Massachusetts. Most are civil and usually entail dissensions between two or more entities. An individual, a group of people or a corporate agency may represent an entity in the court of law. Popular among these cases are contract disputes and property disputes. A key difference between the two is that property disputes involve a definite article of landed property. Several courts handle different civil disputes in Massachusetts, namely:
- Superior Court
- District courts
- Probate and Family court
- Housing Court (for standing orders pertaining to residential areas)
- Municipal Court ( Boston Municipal Court)
- Land Courts
The Contract Law of the state covers all contract disputes in terms of interpretation and legal process. Some parts of property disputes undertaking by the Massachusetts Legislature Part 2 General Laws.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
The name of the person involved in the record, unless said person is a juvenile
The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.
Third-party sites are independent from government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
What are Contract Disputes In Massachusetts?
Here is a quick background to contract in Massachusetts below:
A contract in Massachusetts is a legally enforceable promise made voluntarily between two competent persons to perform some legal act for consideration. The laws of the State clearly outline the elements of a legally recognised contract.
When a party defaults in fulfilling their part in a contract, it could generate a contract dispute. Such disputes may be about failing to meet deadlines, an unacceptable quality of services delivered, etc
What are the Most Common Contract Disputes In Massachusetts?
Just about any type of contract may generate disputes. Some of them include:
- Breach of contract
- Commercial liens or lenses
- Employment disputes
- Proprietary rights on intellectual property
- Partnership dissensions
- Disagreement over the sale of goods supplied
- Dissensions in securing loans and financing
What Is Massachusetts Contract Law?
Contract law in Massachusetts is a compilation of laid down rules and guidelines that deal with contracts between entities. The Executive Office of Housing and Economic Development in the state has a condensed summary of all aspects of contract law as it concerns the state of Massachusetts.
What Is A Breach Of Contract In Massachusetts?
A breach of contract in Massachusetts is when a partner in a contract shows disregard for the terms and conditions by failing to fulfill their part of the agreement for no legally acceptable reason. This could pan out in several ways for example:
- Failure to pay for rendered goods or services
- Defects in performance of service or goods
- Violations of Express or implied warranties
- Performance of an act that runs contrary to the terms and conditions of the contract
A filing party must show these elements before making a claim:
- The existence of a valid agreement
- Willingness, ability, and readiness to fulfill their part of the agreement
- Proof of a breach of contract
- Proof of damages arising from the alleged breach of contract
Contract breaches could be material or immaterial in Massachusetts. Material breaches usually target the core of the agreement in a manner that the breach ultimately ends the contract. Immaterial breaches give the wronged party a basis for a claim, but rarely terminates the contract.
What Are The Remedies For A Breach Of Contract In Massachusetts?
The nature of the breach and expected outcome of the suit usually informs the choice of a breach remedy. some common remedies for contract breaches in Massachusetts include the following
- Reformation: there are changes made to the terms and conditions of contract to expedite compliance by the defaulter
- Rescission: the contract gets cancelled and money is returned to each party in a manner that restores them to their status before the contract.
- Money damages: damages could be compensatory, consequential, liquidated or incidental. A commonality between these types of damages is that it involves a remuneration.
- Specific performance: this type of remedy forces the defaulting party to comply with the terms of the contract. This is common in real estate purchase because of the transaction involved.
Wronged parties seeking to enforce a contract have the option of a resolution plan known as arbitration or mediation. These options provide an alternative to litigation. If they fail, then the wronged party can file a complaint with the court of current jurisdiction. Superior Courts in Massachusetts have the highest jurisdiction of civil cases as a trial court. Small claims or specific cases may go to lower courts or specified courts of jurisdiction such as the land Court for land cases.
What Defenses Can Be Used Against A Breach-of-contract Claim In Massachusetts?
- Statute of limitations: all cases filed after the time frame of the statute of limitations may not get a hearing
- Illegality of a contract: if the purpose of the contract contravenes the laws of the State, then the court of jurisdiction must refuse to handle the case
- Lack of capacity: if the defaulting party was not competent from the onset of the contract, then it renders the agreement invalid.
- Statutes of frauds: while the state of Massachusetts laws accept written and oral contractual agreements, certain contracts must go down in writing otherwise the contract is not valid. Examples of such cases are marriage contracts, surety’s, land sales, etc.
What Are Property Disputes In Massachusetts?
Property dispute is a term given to controversies arising from land or real estate. Property maybe man-made or natural but there are laws that guide allocation, rent, sale and use of property in the state.
What are some common types of property disputes in Massachusetts?
Disputes could arise on any of the following business transactions on property in Massachusetts:
- Buyer agency agreement
- Demarcation between adjoining properties
- Leases and rents
- Landlord and tenant agreement
- Title deed
- Probate matters regarding land and property such as appointment of estate administrators conservatorships estate sales
How To Find Property Lines
The Registry Of Deeds Division, Massachusetts handles the receipt and documentation of deeds pertaining to the land. Interested persons can locate land records by visiting the office of the registry of deeds.
The state of Massachusetts also maintains an Interactive Property Map that allows users to identify land parcels, measure distances, and locate boundary lines between property. Additional information by the interactive map includes the value of a land and the owner of the property. Many third-party plat maps provide access to interested parties. However, there may be problems with the reliability of information and updates.
How Do I Find A Property Dispute Lawyer Near Me?
An internet search for property dispute lawyers in Massachusetts will yield websites of law firms that specialise in property disputes. There are also several online indexes that provide the names and contact information of attorneys within the state, and their area of expertise. Pro Bono services may be available if the involved party consults with the court system of the State.