The Massachusetts Appeals Court issued an important decision this week concerning adverse possession and easements by prescription. The decision, Smaland Beach Association v. Genova, is available here. This decision concerns beach access . . . a common source of these cases. more »
A recent decision from the Town of Danver’s Board of Appeals demonstrates the importance of Massachusetts zoning restrictions, and their relevance to property owners. This case, involving a homeowner’s keeping of goats on their property, shows how baaad things can more »
Landlords with bad tenants are often in need of immediate resolutions to their problems. While a landlord must bring an eviction case against a tenant to get a tenant out of a rental unit, a landlord has other options for more »
The Massachusetts Appeals Court issued an important decision last week on what is needed for a declaratory judgment. The decision comes from a foreclosure law case, but just as easily applies to other areas of law. The decision, Wells Fargo more »
Zoning consists of land use controls imposed by Massachusetts towns and cities that regulate how an owner may use their property. Most of us, I believe, would agree that zoning serves a useful purpose: we do not want businesses to more »
Last week, I had a successful outcome in a FHA foreclosure defense case. My client was facing a post-foreclosure eviction and I raised a successful defense regarding the lender’s non-compliance with the foreclosure requirements for these types of loans. FHA more »
Massachusetts zoning law imposes an array of restrictions on the right to use one’s property. The law permits a party to seek an exception (known as a variance) if a party believes they have unique circumstances excusing them from fulfilling more »
The Massachusetts Appeals Court issued an important decision this week clarifying who can challenge a zoning decision, and the role of a trial judge in making this inquiry. This decision, Talmo v. Zoning Board of Appeals of Framingham, is included more »
The Massachusetts Supreme Judicial Court issued an important decision last week on Massachusetts tree law. The decision, Shiel v. Rowell, discusses a property owner’s liability for a tree on their property. Background The facts of this case are fairly straightforward. The parties, more »
A recent article from the Boston Globe, “Apartment management won’t return security deposit? That’s just one problem at this Revere complex,” highlights the importance of understanding Massachusetts’ security deposit law: an important consumer protection law for tenants. Overview of Massachusetts’s Security more »
