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Appeals court reviews dispute over beneficial ownership and possession of 150 Atwell Circle
Summary
A panel considered whether the trial court clearly erred in finding Peter Lannon’s adult son and his girlfriend held beneficial interests in 150 Atwell Circle and whether a constructive trust or other equitable relief is warranted; the panel took the matter under advisement.
The Massachusetts Appeals Court heard argument in Peter Lannon v. James Lannon and Another, docket no. 24P794, over whether factual findings in the housing court support imposing a constructive trust or other equitable remedies after a summary process proceeding seeking possession of residential property.
Why it matters: The case sits at the intersection of family arrangements and property law: a titleed owner disputes that a substantial down payment and later conduct created a beneficial interest in favor of his adult son and the son’s partner. Decisions in this area affect family property transfers, remedies…
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