Legal Question in Real Estate Law in Massachusetts
My husband and I are in the midst of a legal civil suit with our neigbors. The built a wall that is 2 feet on our property and left our land in disarray. We have sued for a monetary value and are seeking damages as well. I am told that in Massachusetts this type of case does not consitute us being able to get back our legal fees as part of the damages. Is this true? I thought you could always ask for damages and costs no matter what those costs were. Whether you actually get them rewarded back or not is another issue? Any information you can provide would be helpful.
Thank you.
2 Answers from Attorneys
Massachusetts and the USA follows the American Rule; which means each party pays its own legal fees, unless there is a statutory basis for claiming the legal fees. Unless your attorney has or can find a basis to assert a statutory claim that allows for the imposition of legal fees against your neighbors, you can not recover your legal fees.
Even in cases in which legal fees may be awarded by statute very few provide for automatic awarding of legal fees.
Good Luck.
Under the American legal system, each party generally pays its own legal fees (unlike England, where the loser pays both), unless legal fees are expressly recoverable under a contract provision authorizing them, or authorized by specific Massachusetts statutes awarding fees in certain situations. You probably do not have a contract containing an atty fees provision involved in your dispute, and it does not appear any Mass statute would apply. So, unfortunately, the analysis you received is probably correct.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
