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Category: Massachusetts Property Law Blog

Appealing a Zoning Board Decision

By Adam T. Sherwin, Esq. Posted on September 9, 2020 Posted in Massachusetts Property Law Blog Tagged with Land Court, zoning appeal

Appealing a zoning board decision is an option available for anyone who has received an unfavorable zoning decision, or who is harmed by someone else’s zoning matter. This blog post does not cover zoning matters in the City of Boston. more »

How to Prove Adverse Possession

By Adam T. Sherwin, Esq. Posted on August 10, 2020 Posted in Massachusetts Property Law Blog Tagged with adverse possession, Land Court, real estate

Land Court issued an interesting decision last week on how to prove adverse possession and whether landscaping activities, alone, are enough to do so. This decision, as of now, is not available online. What is Adverse Possession? Use it, or more »

How to Settle Property Disputes

By Adam T. Sherwin, Esq. Posted on July 29, 2020 Posted in Massachusetts Property Law Blog Tagged with adverse possession, property dispute

A recent story from Maine discusses the importance of how to settle property disputes and, most importantly, what to avoid. In this article, a dispute over property among neighbors got so bad that one of the neighbors cut the other’s more »

Obtaining a Mortgage Discharge

By Adam T. Sherwin, Esq. Posted on July 20, 2020 Posted in Massachusetts Property Law Blog Tagged with mortgage, mortgage discharge, real estate

Obtaining a mortgage discharge is a critical part of selling property or refinancing a loan. This simple (but extremely important document) shows that a mortgage was fully paid. The vast majority of the time, mortgage discharges are properly recorded in more »

Fighting a Zoning Decision

By Adam T. Sherwin, Esq. Posted on July 17, 2020 Posted in Massachusetts Property Law Blog Tagged with zoning

Fighting a zoning decision generally occurs through the filing of a G.L. c. 40A, § 17 appeal in Land Court or Superior Court. Such, an appeal, however, many only be filed by a “person aggrieved.” On this important topic, the more »

Dividing Property Through Partition: Three Things to Know

By Adam T. Sherwin, Esq. Posted on July 10, 2020 Posted in Massachusetts Property Law Blog Tagged with Partition, real estate

Dividing property through partition is the legal process by which an owner of real property can force the sale of property owned with a co-owner. In Massachusetts, a partition case may be filed in Land Court or Probate and Family more »

Deadlines for Enforcing a Mortgage

By Adam T. Sherwin, Esq. Posted on June 23, 2020 Posted in Massachusetts Foreclosure Law Blog, Massachusetts Property Law Blog Tagged with foreclosure, mortgage, obsolete mortgage

The Appeals Court issued a decision last week concerning the deadline for enforcing a mortgage in Massachusetts, under the obsolete mortgage statute. The full decision, Thornton v. Thornton, is included below. Thornton isn’t the first appellate decision to look at more »

Zoning Litigation: Lessons from a Recent Decision

By Adam T. Sherwin, Esq. Posted on June 2, 2020 Posted in Massachusetts Property Law Blog Tagged with zoning

The Massachusetts Property Law Blog is proud to have Attorney Joseph N. Schneiderman guest blog on a recently Appeals Court decision on the pitfalls of zoning litigation.  Attorney  Schneiderman is an appellate attorney licensed in Massachusetts and Connecticut and may be contacted at connlawjoe@gmail.com. On April more »

Contracts for Real Estate: Email, Text Messages Count!

By Adam T. Sherwin, Esq. Posted on May 20, 2020 Posted in Massachusetts Property Law Blog

Most people with a basic understanding of real estate and property law are familiar with the concept that contracts for real estate need to be in writing. The statute of frauds bars the enforcement of agreements for “the sale of more »

Zoning for Landlords: What to Know

By Adam T. Sherwin, Esq. Posted on May 4, 2020 Posted in Massachusetts Landlord/Tenant Law Blog, Massachusetts Property Law Blog Tagged with landlord resources, short term rentals, zoning

Zoning is an important topic for any property owner, especially landlords. Landlords should have a basic knowledge of zoning before offering property for rent, and know what to do if problems arise later on. What is Zoning? Zoning are local more »

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