Setback requirements are among the most common zoning requirements in Massachusetts. Such requirements place limits on the location where buildings and other structures can be placed on a property, with the goal of preventing overcrowding. Common setback requirements are for more »
Earlier this month, I was successful in pursuing an adverse possession defense for one of my clients in Land Court. My client, who owned a commercial business with a parking lot, was sued by a nearby occupant, who claimed they more »
I was recently successful in settling a partition case for several of my clients, who co-owned a vacation property with several other family members. My clients wanted the home sold and the other family members did not. I was retained more »
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 »
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 »
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 »
