People who purchase real property in Massachusetts usually expect to use their right of quiet enjoyment as they see fit. In plain English, they anticipate having complete control over what they do with the property both inside and out. In reality, many properties are...
Phillips & Angley Blog
Jurisdictional Soundness of Waste Claims in a Partition Action in the Land Court
“The Land Court is a court of limited jurisdiction, as prescribed by statute. See G. L. c. 211B, § 1 (establishing Land Court as department of Trial Court). See also Bevilacqua v. Rodriguez, 460 Mass. 762, 766, 955 N.E.2d 884 (2011), quoting Riverbank Improvement Co....
What to do if your Massachusetts property seller lacked a title
Finally purchasing your dream home is a significant milestone that you should celebrate. Unfortunately, the excitement of finally owning your piece of real estate can sometimes overshadow crucial details. One nightmare scenario involves discovering that the person who...
Zoning and land use in Massachusetts
Zoning and land use dictate how landowners can use their property. In Massachusetts, these concerns are governed by the Massachusetts General Laws Chapter 40A. This framework enables cities and towns to regulate building development so it encourages safety, health,...
What are special permits used for?
Here in Massachusetts, zoning and land use laws regulate the activities that property owners and developers can undertake. These rules protect communities and the environment, but can be restrictive in some cases. Special permits allow actions that laws and...
A guide for modifying property boundary lines
Modifying property boundary lines can be a complex process. Before you start, you should consider all the factors and legal requirements. Reasons to adjust property lines include expansion and consolidation. You can also move property lines to resolve disputes....
How local laws may derail plans to convert offices to apartments
Discussions about property development often focus on unimproved land. The fastest way to create a business opportunity is to start from the ground up in many cases. However, those with an interest in real estate investing may buy property that already has...
Why probate sales sometimes lead to complex title litigation
Many property owners in Massachusetts include specific instructions for their real property in their estate plans. Oftentimes, people instruct the personal representative of their estate to sell their real property if none of their beneficiaries wish to purchase it or...
Going to court can help to resolve old title issues
When someone holds a title to a home or unimproved parcel in Massachusetts, that means they are the owner of record for that piece of real property. Some people hold title alone, while others share their ownership interest with a spouse, a child or even a friend....
Conservation Commission Permits and the Wetlands Protection Act
In an era marked by increasing awareness of environmental issues, the preservation of wetlands and other natural resources has become a vital concern. The interaction between human development and fragile ecosystems necessitates careful oversight and regulation. This...