When the leading legal magazine in the state, Massachusetts Lawyers Weekly, wanted input on a recent ruling by the Appeals Court over a neighbor dispute, they turned to Central Massachusetts neighbor dispute attorney David S. Katz and the Katz Law Group, who emphasized the practical realities of these highly-contentious and stressful ordeals.

Appeals Court Affirms Order Regarding Driveway Conduct

The dispute arose among neighbors in Westfield. The driveway to both of the neighbors' houses was on only one of their properties, owned by Mr. Tersavich. The other neighbors, the Greanys, were allowed to use the driveway under an express easement in their deed.

The Greanys enjoyed sport vehicles and owned a Corvette. After an unexplained incident that drew police to the houses in 2020, Mr. Tersavich installed speed bumps in the driveway at intervals of only 50 feet apart – less than half the recommended distance between speed bumps, even in school zones – that made the Greanys' low-clearance Corvette “bottom out.” He also installed signs along the driveway that profanely instructed drivers to stay off the grass, keep in single file, and not use the driveway as a racetrack. He then installed several surveillance cameras on his property, including three that were along the shared driveway.

The Greanys sued in May 2022, claiming that the conduct materially interfered with their easement rights. In May 2024, the judge found that Mr. Tersavich's conduct served no legitimate purpose and invaded the privacy of the Greanys and their children, even finding that the cameras “appear to have as their only purpose the intimidation of the Greanys in the hope that they will use the driveway less frequently.” The judge ordered the cameras along the driveway to be removed and the speed bumps replaced according to the parties' mutual agreement.

Mr. Tersavich appealed, and the Appeals Court affirmed the trial judge's ruling.

Attorney Katz Likens Neighbor Disputes to Divorce

When asked by Massachusetts Lawyers Weekly to opine on the case, neighbor dispute lawyer David S. Katz likened the situation to a divorce, saying, “In most divorces, the parties are separated. In a neighbor dispute, the parties are not separated. In most cases, they're living side by side. They can't work out their differences. So they do all sorts of stupid things.”

Regarding the speed bumps and cameras, he added, “It smacked of some kind of intimidation or harassment. Tersavich didn't provide justification for any of it.”

Worse, when a neighbor exhibits such “completely unreasonable and unnecessary” conduct, it can make other neighbors wonder where the line will be, and may ask, “If they think this is acceptable behavior, what else will they think is acceptable?” This can cause significant emotional distress from the uncertainty of how bad things could get.

That emotional toll of a serious neighbor dispute can be compounded by how long the legal system takes to straighten things out: This particular incident took four years to reach trial, and another two years to resolve the appeal.

Massachusetts Neighbor Dispute Lawyers at the Katz Law Group

If you are having a dispute with a neighbor, reach out to the attorneys at the Katz Law Group online or by calling (508) 480-8202.