Legal Question in Real Estate Law in Massachusetts

My husband and I had a boundary dispute several years ago with our neighbor which never quite was resolved but dropped nevertheless. We tried to mediate but that didn't work out so well. The issue was never really resolved, however, due to no further actions taken on our part or the neighbors part October of 2004 we were issued and Order for Entry of Dismissal NISI. In November of 2004 we received a Judgment of Dismissal (failure to comply with nisi order). It stated that "It is Ordered and Adjudged that the complaint, cross claim, counterclaim and thrid party action be and hereby is/are dismissed under MRCP 41(b)(1) without prejudice. My questions are as follows: 1) does this dismissal serve as a type of settlement, 2) would there be a lien on my home (as in if I were to sell would I be able to get a title free and clear, and 3) is there a statute of limitations on such order if the neighbor wanted to bring this up again at another time.

Asked on 7/24/09, 11:53 am

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

0 users found helpful

0 attorneys agreed

This dismissal is based on a standing order since the parties failed to actively pursue this case.

You have described nothing to support items 2 or 3.

Given the nature of the dispute, either party can probably file a new complaint.

Answered on 7/29/09, 7:40 pm

Keywords

Match Any Match All

Country

State

Area of Law