Recently one of our clients was forced to confront a challenge to the operation of their dog kennel business, which had been operating lawfully in a residential zoning district pursuant to a use variance granted in 1973. The challenge was that the variance authorized the kennel business, but not the use of exterior play yards that allowed the dogs to socialize and come to the kennel for day care. The case required an exploration of the scope of conditions that attach to variances. Based upon the analysis that follows, our office successfully protected our clients' business.
When buying property in Massachusetts, you would be wise to consider issues that could cause legal complications in the future or compromise your property rights. One of these things is to learn about any easements that may affect the way that you can use your property. In some cases, the transfer of the property could affect whether or not an easement is still in effect.