Law Offices of Edward Gottlieb
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Summary of Significant Pending Cases Last Updated 3/30/12

March 23, 2012: Our firm entered an appeal in a complex boundary and easement dispute concerning title to a 1.8 acre parcel of land. The dispute arises from competing deed descriptions and the omission of lengths and bearings of ancient stone walls that determine the boundary lines.

February 2, 2012: Our firm appeared before the Massachusetts Land Court and argued cross-motions for summary judgment in a title dispute affecting registered land. The plaintiff sued our client claiming that the assistant recorder of the Land Court in the district where the land lies improperly drafted a certificate of title in our client's back title by including a rear yard that the plaintiff's predecessor-in-title intended to retain. We defended on the ground that our client is an innocent bona fide purchaser who relied on her immediate predecessors' certificate of title, and we also raised a defense based on the equitable doctrine of laches. The cross-motions for summary judgment are under advisement.

September 16, 2011: Our firm appeared before a United States Bankruptcy Court Judge in Worcester and argued on behalf of a secured creditor opposing a former Chapter 7 Trustee's motion to reopen the proceeding for purposes of commencing an avoidance action against our client. The dispute arose from title curative litigation that we commenced in the Land Court approximately eleven months after the Chapter 7 proceeding closed. The case is under advisement.

June 16, 2010: Our firm appeared before the Massachusetts Land Court and argued cross-motions for summary judgment in a complex title dispute to a 12 acre Cape Cod parcel of land. The plaintiff's motion for summary judgment challenged the efficacy of our client's title, which is derived from a recent Probate Court public administration. We previously defeated a motion for summary judgment brought by the plaintiff, in which it claimed superior title by reason of alleged defects in an 1844 Probate Court estate administration and fiduciary deed. The case involves extensive genealogy, title, and survey evidence. The cross-motions for summary judgment are under advisement.


Practice Areas

Massachusetts Real Estate and Land Court Litigation

Business and General Civil Litigation

Appellate Practice

Insurance Coverage

Real Estate Transactions

Estate Planning and Administration

Small Business Formation and Counseling

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