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Appeals court hears dispute over adverse possession and fiduciary duties in SRI property case
Summary
The court considered whether a corporate officer's occupancy of property satisfied adverse-possession requirements and whether fiduciary duties barred an adverse-possession claim; panel heard extended argument and took the matter under submission.
The Massachusetts Appeals Court heard argument in 24P1107 involving Swazlowski Realty Inc. (SRI) and an adverse-possession claim by a family member who lived in corporate-owned property. Joseph Lipchitz, counsel for the appellant SRI, said the Land Court erred legally by allowing a corporate fiduciary to acquire title by adverse possession and by misapplying the legal standard for permissive use that later becomes adverse.
The issue matters because it raises whether a corporate fiduciary — here, a family member and corporate officer — can, consistent with longstanding Massachusetts fiduciary principles, obtain title adverse to the corporation by…
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