The Appeals Court issued an important decision this week on the interplay between zoning and the Massachusetts Anti-SLAPP law. The full decision, Haverhill Stem LLC v. Jennings, is below. What is Anti-SLAPP? As I’ve written before, Massachusetts (like many other more »
Restrictive covenants are private restrictions on land use. The Massachusetts Land Court has introduced a proposed procedure (“standing order”) for addressing restrictive covenants which are void and not enforceable under the law. Restrictive Covenants Restrictive covenants have existed since the more »
Encroachment of property occurs when a structure is on someone else’s land. In Massachusetts, the law allows a property owner to take court action to have such a structure removed. Encroachment of Property: What Can Be Done? Massachusetts law allows more »
The Massachusetts land records consist of all documents related to the ownership of real property in the Commonwealth of Massachusetts. Compared to many other states, the Massachusetts land records are online, which makes searching them easy. I recommend that every more »
The Appeals Court issued an interesting decision earlier this year concerning some important topics on zoning judicial review in Massachusetts. This decision discusses some of the relevant matters that arise when a zoning decision goes before a court. A copy more »
Rent escrow refers to the holding of rent money while a legal matter is ongoing. The questions most commonly asked about rent escrow in Massachusetts are when, and how, it is allowed. Rent Escrow Before An Eviction Case Without a more »
I’m honored to announce that Governor Baker has appointed me today to the newly formed Zoom Control Commission (“ZCC”), a five-member panel with the job of regulating Zoom calls, meetings, and hearings during the COVID-19 pandemic. I am humbled by more »
Title issues with foreclosed properties often arise when a dispute comes up over a property’s lawful ownership. Most often, these involve a claim that the underlining foreclosure was not performed lawfully. Massachusetts law is clear that the failure to “strictly more »
Cash for keys is a popular alternative to the formal eviction process in Massachusetts. As an incentive for tenants to voluntarily leave a rental property, landlords can offer tenants money to move. Often, such deals can save landlords significant time more »
Specific performance for property is a legal remedy available for many real estate disputes. Here, I’ll discuss three things to know about this area of law. Specific Performance Requires a Party to Fulfill A Contract Duty A contract is a more »
