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- "Smart growth," subdivisions and economic potential in MA
- 3 FAQs about the HUD-1 Settlement Statement
- 3 Ways a Real Estate Attorney Can Help You
- 4 things to know about nonconforming structures
- Avoid costly home-sale mistakes in Massachusetts: Hire an attorney
- Avoiding financial malpractice in Massachusetts
- Chinese drywall sparks thousands of health and damage complaints
- Differences between adverse possession and prescriptive easement
- Dividing jointly-owned real estate through a partition of land
- Drones and privacy concerns of Massachusetts landowners
- Here's What You Need to Know About Complaint for Contempt Cases
- How does solar easement law in Massachusetts work?
- How to prepare for buying a house
- Investing in office complexes can be financially rewarding
- Massachusetts and housing associations: The basics
- Massachusetts lawmakers take aim again at non-competes
- Massachusetts ponders zoning reform bill
- Massachusetts property rights: when control of your land is threatened
- Potential issues when starting or running a home business
- Proposed pipeline right of way creates legal battle in Massachusetts
- Tips for getting the best price when selling a home in Boston
- Town’s variance denial was regulatory taking, says Massachusetts jury
- Understanding deed restrictions on affordable housing units in Boston
- Understanding restrictive covenants in Massachusetts real estate
- What are a landlord’s rights and responsibilities in MA?
- What constitutes a legally binding real estate agreement?
- What every homeowner should know about eminent domain
- What is the process for obtaining a Boston construction permit?
- What to think about when buying a property "as is"
- Why get a home inspection before buying in Massachusetts?
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Landing Pages
Blog Posts
- “Granny Pods”: The Unlikely Intersection of Aging and Zoning
- 2 sound strategies for homeowners navigating zoning issues
- 3 common challenges to developing wetlands worth considering
- 3 common title problems that can be a nightmare at closing
- 3 tips to buying commercial real estate
- 5 steps for appealing a denied site plan in Boston
- A Case Study in Conditions to a Variance
- A CASE TO WATCH (UPDATE): Arlington, TX v. FCC
- A CASE TO WATCH: City of Arlington, TX v. FCC
- A Case Worth Sharing: Sullivan v. O’Connor
- A guide for modifying property boundary lines
- A Hidden Burden of Property Ownership: Illegal Fees for Municipal Services
- A NEW ERA FOR MASSACHUSETTS AERONAUTICS
- A New Twist on Nonconforming Residential Structures: Palitz v. Zoning Board of Appeals of Tisbury
- A Taking in Pais: Recovery Under M.G.L. c. 79, § 10
- A WORD OF CAUTION FOR TWO-TRUSTEE CONDOMINIUM TRUSTS
- Abstract of title provides important information
- Accounting Actions in Partition Proceedings; How Partition Sale Proceeds Are Divided and Disbursed
- ADVERSE POSSESSION & WOODED AREAS: A RECENT TWIST
- Adverse Possession at the Water’s Edge
- An Alternative Avenue for Adjudicating Zoning Questions: Declarations Under G.L. c. 240, §14A
- An Introduction to Adverse Possession & Prescriptive Easements
- ANR PLAN ENDORSEMENT: WHEN A PLANNING BOARD (TRIES TO) APPEAL ITSELF
- ANR Plans: Public Ways, Ways in Existence & Adequate Access
- Apartment complex transaction may exceed $5 billion or $6 billion
- Appeal Bonds: A Litigation Unicorn
- Appeals Court Affirms That Subdivision Developer Has No Negligence Claim Against Town’s Consulting Engineer
- Appeals Court Declines To Order The Tear Down Of A South Boston Home Despite Overturning Variances and Remands To Superior Court For Further Proceedings
- Appeals Under M.G.L. c. 40A, § 17: De Novo Review and Deference to Boards
- Application of General Laws Chapter 40A, Section 7 and the Two Limitation Periods for Zoning Enforcement to an Improperly Sited Structure.
- Are Zoning Decisions Final?
- BEHIND THE SCENES: LAND COURT-APPROVED TITLE EXAMINERS
- Big box development dilemma continues to unfold in Massachusetts
- BOUNDARY LINE DISPUTES: A RECENT CASE
- Can an HOA stop someone from adding a pool?
- Can you build on your property without a permit in place?
- Can you secure an easement without your neighbor’s consent?
- Can you trim your neighbor’s tree hanging over your yard?
- Can zoning change to let you run a business from home?
- Cater v. Bednarek: Judges Must Adhere to Certain Local Regulations When Fixing the Location and Width of Ambiguous Easements
- CHALLENGES TO ZONING AMENDMENTS: BASICS
- CHALLENGING ZONING BYLAWS: JURISDICTIONAL AND VENUE CONSIDERATIONS PART I: THE LAND COURT
- Challenging Zoning Bylaws: Jurisdictional and Venue Considerations Part II: The Superior Court and United States District Court
- Challenging Zoning Bylaws: Standing: Another Jurisdictional Consideration
- CHAPTER 7 OF BANKRUPTCY CODE & STATUS OF JUDICIAL LIENS ON REAL PROPERTY POST-DISCHARGE
- Choosing A New Business Location? Consider These 4 Things.
- Common examples of adverse possession
- Conservation Commission Permits and the Wetlands Protection Act
- CONSERVATION RESTRICTIONS – A BRIEF OVERVIEW
- Countdown to Summer: Beach Access
- COUNTEROFFERS, CONDITIONAL ACCEPTANCES & REJECTIONS, OH MY!
- DERELICT FEE STATUTE – BASICS
- Derelict Fee Statute – Exceptions and Reservations
- Derelict Fee Statute and Easements by Estoppel
- DEVELOPMENT 101: SOURCES OF STRUCTURE & USE RESTRICTIONS
- Development Permits: Curb Cuts
- Did a seller hide a restrictive covenant in your closing papers?
- Discrepancies in Boston’s real estate market remain
- Discussion With…A Civil Engineer and Registered Land Surveyor
- Discussion With…A Traffic Engineer
- Do Private Parties Have the Right to Enforce Covenants and Conditions Imposed by a Planning Board as Part of an Approved Definitive Subdivision?
- Do utility easements affect site development plans?
- Does a restrictive covenant affect your property?
- DON’T LIKE YOUR NEIGHBOR’S NEW CONSTRUCTION? SAY SOMETHING SOONER RATHER THAN TOO LATE
- E-Permitting
- Easement Basics Part I: What They Are, Appurtenant Versus Personal Easements, and the Taxonomy of Claims
- Easement Basics Part II: How Easements Are Created
- Easement Basics Part III: How Easements Are Extinguished
- EASEMENT DISPUTES & LIS PENDENS
- Easement Essentials: Types of Appurtenant Easements
- EASEMENTS & PROPERTY TAXES: AGREE NOW OR ELSE PAY LATER
- EASEMENTS AND AFTER-ACQUIRED PROPERTY
- East Boston property eyed by developers
- Eminent Domain: Pro Tanto Payments
- Entry onto Neighboring Land for Maintenance and Repair – Trespass, Licenses and the Application of G.L. 266, § 120B
- Evidence in Boundary Disputes
- Excavation & Blasting Activities: The Duty of Lateral Support
- Exceptions and Reservations in Deeds
- Expanding, Altering and Re-Constructing Pre-Existing Nonconforming One- and Two-Family Residences
- EXTENSIONS OR ALTERATIONS TO PRE-EXISTING NONCONFORMING STRUCTURES: PLACING CONDITIONS ON A G.L. c. 40A, § 6 FINDING
- Forensics at the Land Court
- Funds for Maintaining Private Ways: Another Alternative
- Gated Easements
- Going to court can help to resolve old title issues
- Has someone adversely possessed your property?
- HISTORIC NEW ENGLAND STEWARDSHIP EASEMENT PROGRAM
- How a lawyer can help with your variance application
- How can you resolve a boundary dispute with a neighbor?
- How do you secure a Massachusetts zoning variance?
- How local laws may derail plans to convert offices to apartments
- How title disputes arise when buying property from an estate
- How to prepare for zoning litigation for your real property
- IMPLIED EASEMENTS & EMINENT DOMAIN
- INDEMNIFICATION PROVISIONS IN RIGHT OF WAY AGREEMENTS
- Information about existing easements before purchasing property
- Intro to Variances I: Soil Conditions, Shape & Topography
- Intro to Variances II: Finding of Substantial Hardship
- INTRODUCTION TO TRESPASS AND TRESPASS DAMAGES
- Is Boston facing another real estate bubble?
- IS THE METER RUNNING OUT FOR OFF-STREET PARKING REQUIREMENTS?
- Issues to consider when planning a new development
- ITW v. Falmouth ZBA: Application of T-Mobile South, LLC v. City of Roswell, Ga.
- ITW v. Falmouth ZBA: Substantial Evidence Violation Based upon the “Wrong Legal Standard”
- KINGSTON WIND TURBINE/SHADOW FLICKER UPDATE
- Koontz – Basics
- Land Court Permit Session: A Useful Tool for Appeals of Larger Development Projects
- Land Use News From The New Jersey Shore
- Life Tenancy and Waste
- LITIGATION AND SETTLEMENT–IT’S NOT ALWAYS EITHER/OR
- M.P.M. Builders: A Useful Tool for Resolving Easement Disputes
- Massachusetts High Court Expands Prior Decision to Allow Unilateral Reduction of Easement Area by Servient Estate
- MERGER & GRANDFATHERING: WHEN A COURT INTERPRETS A ZONING PROVISION DIFFERENTLY THAN THE ZBA
- NON-CONFORMING USES & SPECIAL PERMITS: A REMINDER FROM THE APPEALS COURT
- Nonconforming uses in land development
- Nuts & Bolts: The Site Plan Review Process
- Partition of Land
- PARTITION, LANDLOCKED PARCELS, & EASEMENTS: A RECENT CASE
- Permanent Injunctions, Real Property and Finality
- Permit Session: Land Court vs. Housing Court Jurisdiction
- Phased Development: Considerations for Developers
- Phillips & Angley – Public Announcement on COVID-19 Pandemi
- Phillips & Angley Attorneys, Nick Shapiro and Robbie Hopkins, Successfully Assist in Overturning Erroneous Appeals Court Decision before the SJC
- Phillips & Angley Successfully Defeats Summary Judgment in ZBA Failure to Send Notice of Remand Hearings to Party-In-Interest in Land Court
- Phillips & Angley Successfully Defend Adverse Possession and Prescriptive Easement Claims in the Land Court
- Phillips & Angley Successfully Defend Clients’ Horse Stable Licenses
- PHILLIPS & ANGLEY SUCCESSFULLY OVERTURN DECISION OF THE BOSTON ZONING BOARD OF APPEAL
- Phillips & Angley Win Settlement Enforcement Action at the Massachusetts Appeals Court
- PHILLIPS & ANGLEY WIN SUMMARY JUDGMENT AT THE MASSACHUSETTS LAND COURT ANNULLING ZONING BOARD DECISION THAT HALTED LANDOWNER’S HELICOPTER USE
- Phillips & Angley Win Summary Judgment on Judicial Estoppel, Recoupment, and Quantum Meruit in Land Court
- Phillips & Angley Win TCA Case Against the Falmouth ZBA
- Phillips & Angley Wins Appeal in Permanent Injunction Case
- Planning and Development official accused of accepting bribe
- POT SPOT ZONING
- Prescriptive Easements On Appellate Review: The Importance of Subsidiary Findings at Trial
- PRESCRIPTIVE EASEMENTS: COLLECTIVE USE DOES NOT PROVE AN INDIVIDUAL’S RIGHT OF USE
- Private Nuisance Suits Against Municipalities: Limits on Damages and Open Issues in the Wake of Morrissey v. New England Deaconess Ass’n
- PRIVATE WAY MAINTENANCE AND REPAIR RIGHTS AND OBLIGATIONS, PART I: COMMON LAW
- PRIVATE WAYS: WHO HAS THE DUTY TO MAINTAIN AND REPAIR?
- Problems with the title may complicate property purchase
- Property disputes: What is adverse possession?
- Purchasing a Condominium: Know Your Documents
- Real estate developer facing fines for erosion
- Rights of First Refusal
- Sarkisian v. Concept Restaurants, Inc.: The SJC Expands the Mode of Operation Approach to Premises Liability in Massachusetts
- Shirley Wayside Ltd. P’ship v. Bd. of Appeals of Shirley: Non-Conforming Mobile Home Park Allowed to Expand Under Special Permit
- SITE PLAN REVIEW & THE SINGLE-FAMILY “AS-OF-RIGHT” USE: DOES IT GO TOO FAR?
- Site Plan Review and Avenues for Appeal: Unanswered Questions.
- Skilled at easement disputes
- So Your Special Permit Has Been Denied: Now What?
- Spot zoning: What you should know
- STANDING & TYPES OF “ACTUAL AGGRIEVEMENT” – A RECENT CASE
- Standing and Quasi-Municipal and Charitable Organizations, Part I of II: “Person Aggrieved” Status Requires a Relationship with Real Property
- Standing Gets Stickier: Murchison v. Zoning Bd. Of Appeals of Sherborn
- Structuring a business: A brief overview
- SUBDIVISION CONTROL LAW – REMEDIES FOR INNOCENT PURCHASERS OF UNAPPROVED SUBDIVISION LOTS
- The Abutters Strike Back: Specially-Protected Interests and Density-Related Aggrievement
- The Limits of Appurtenance
- The Nuts and Bolts of a Petition to Partition: Filing a Petition with the Court
- The Pendulum Swings in Massachusetts Standing Law in Zoning Appeals: The “Good Old Days”
- The True Costs of Not Paying Your Property Taxes in Massachusetts
- The Zoning Act’s Surprising Non-Treatment of Billboards
- Tips to have in mind before zoning litigation
- Tips to help resolve common easement disputes
- Top 4 things to know about commercial real estate appraisals
- Towns, Beware of Ad Hoc Zoning “Policies”!
- TREES & BOUNDARY LINES: IMPORTANT CONSIDERATIONS
- Two seller situations that can lead to future title issues for buyers
- Updating your storefront? Make sure it meets zoning codes.
- UTILITIES AND LAND USE: A DEVELOPING STORY
- Utility easements: what to know
- Variance Conditions Revisited: Green v. Board of Appeals of Southborough; The Difference between Exercising Variances and Satisfying their Conditions
- VARIANCES: DEMOLITION NOT A “RIGHT” TO BE EXERCISED IN ONE YEAR
- VIEW-BASED HARM & STANDING IN ZONING APPEALS: A LAW REVIEW LINK
- What are special permits used for?
- What constitutes a legally binding real estate agreement?
- What is the difference between a variance and a special permit?
- What might lead to a title dispute affecting your property?
- What will a utility easement mean for the use of a property?
- What’s the difference between an easement and a right of way?
- WHEN A TREE STRADDLES THE BOUNDARY LINE
- When fences divide neighbors: Know your legal rights
- When Trees Are Unlawfully Cut or Removed From Property: Monetary Damages Under M.G.L. c. 242, § 7
- Why is the fair housing law important?
- Why probate sales sometimes lead to complex title litigation
- Will you have full control of the property you want to buy?
- Will your new property contain restrictions on use?
- WIND TURBINES & SHADOW FLICKER: RECENT NEWS
- You know you need a title search done but aren’t sure why
- Zoning and land use in Massachusetts
- ZONING APPEALS: WILL SANCTIONS EVER MAKE SENSE?
- ZONING BRIEFS – EARLY WINTER 2013
- ZONING BRIEFS – FALL 2014
- ZONING BRIEFS – SPRING 2015
- ZONING BRIEFS – SUMMER 2014
- ZONING BRIEFS – WINTER 2014
- Zoning News in Barnstable County – Early Fall Roundup
- Zoning News In Plymouth County – Summer Roundup