For landowners abutting a private way, obligations regarding maintenance and repair of the way depend on who owns the fee in the private way. These obligations include things like snow removal, re-paving, proper drainage and other maintenance issues.In general, a...
Month: December 2011
EASEMENTS & PROPERTY TAXES: AGREE NOW OR ELSE PAY LATER
Any landowner contemplating the grant of a new easement over his property should consider whether he wants the grantee to assume a portion of the property taxes. By statute, property taxes are usually assessed to the landowner. Therefore, unless there is an agreement...
When Trees Are Unlawfully Cut or Removed From Property: Monetary Damages Under M.G.L. c. 242, § 7
A landowner who discovers that one or more trees have been unlawfully cut or cleared from his property is entitled to recover monetary damages as compensation for the loss. And, in many instances, the landowner may be entitled to treble (triple) damages resulting from...
Expanding, Altering and Re-Constructing Pre-Existing Nonconforming One- and Two-Family Residences
Considering the age of many single and two-family homes within the Commonwealth, and the relative time period when zoning ordinances and by-laws came into effect across municipalities, it is common to find that many homes often do not comply with current local zoning...