Real estate taxes, insurance and utilities comprise expenses that we all have come to expect as necessary incidents of property ownership. Many cities and towns in Massachusetts, however, also impose user fees for municipal services, as part of the development...
Month: April 2014
A WORD OF CAUTION FOR TWO-TRUSTEE CONDOMINIUM TRUSTS
A recent (unpublished) Rule 1:28 decision, Hancock v. Chambers, 85 Mass. App. Ct. 1106 (2014), reminds both condominium owners and trustees and attorneys of the care that needs to be taken when drafting-and attempting to enforce-condominium trust documents so that...
EXTENSIONS OR ALTERATIONS TO PRE-EXISTING NONCONFORMING STRUCTURES: PLACING CONDITIONS ON A G.L. c. 40A, § 6 FINDING
Municipal zoning regulations are in a constant state of flux - especially when considered in relation to the long life span of many Massachusetts' residential and commercial structures. As such, many homes and commercial properties do not conform to current zoning...
DON’T LIKE YOUR NEIGHBOR’S NEW CONSTRUCTION? SAY SOMETHING SOONER RATHER THAN TOO LATE
It's an all too common scenario: a landowner builds something on his property, and then an abutter or neighbor thinks it is being built unlawfully and tries to stop it. In fact, let's assume that the landowner has already gone through an initial site plan review (as...
Massachusetts High Court Expands Prior Decision to Allow Unilateral Reduction of Easement Area by Servient Estate
The Massachusetts Supreme Judicial Court (SJC) confirmed that its move away from the common law requirement of mutual consent for easement relocation was broad and included the ability to alter not only the location but the dimensions of easements. The SJC's decision...