When you buy a home, you will have money tied up in the transaction long before you are the owner. You put down earnest money right away when you make an offer to let the seller know that you mean business. Then, even after you sign documents at the closing table and...
Real Estate Law
Two seller situations that can lead to future title issues for buyers
Buying real estate is a major investment, especially when you want to purchase a commercial or industrial parcel. Owning the property where you do business can save you money in the long run but will cost a lot more up front than just signing a commercial lease....
How title disputes arise when buying property from an estate
Buying a home is difficult when inventory is low and demand is high. The last few years have resulted in a very competitive real estate market that leaves many people in the Boston area struggling to acquire housing. Most people who find the right house and make a...
Entry onto Neighboring Land for Maintenance and Repair – Trespass, Licenses and the Application of G.L. 266, § 120B
Many sections of the greater Boston area are characterized by densely populated neighborhoods. Many of these neighborhoods were established before the adoption of zoning codes that set minimum side and rear yard setbacks. And even today, in urban settings, there are...
Phillips & Angley Attorneys, Nick Shapiro and Robbie Hopkins, Successfully Assist in Overturning Erroneous Appeals Court Decision before the SJC
attorneys, Nick Shapiro and Robbie Hopkins, co-authored and filed a friend of the court brief on behalf of the Real Estate Bar Association of Massachusetts and the Abstract Club, in the further appellate review proceedings, before the...
Accounting Actions in Partition Proceedings; How Partition Sale Proceeds Are Divided and Disbursed
As previously discussed in our blog post regarding the Nuts and Bolts of a Petition to Partition, a partition proceeding is a legal action to dispose of jointly held property "to balance the rights and equities of the parties concerning the property at issue."...
PRIVATE WAY MAINTENANCE AND REPAIR RIGHTS AND OBLIGATIONS, PART I: COMMON LAW
Massachusetts contains thousands of private streets and ways; on and along those ways innumerable residents of this Commonwealth live. We know that the Derelict Fee Statute operates to resolve ownership questions regarding these private ways. However, the "statute...
Phillips & Angley Win Summary Judgment on Judicial Estoppel, Recoupment, and Quantum Meruit in Land Court
On November 14, 2016, the Land Court, Foster J., issued a Memorandum and Order Allowing Plaintiff's Motion for Summary Judgment in Fitchburg Capital, LLC, v. Bourque, Land Court Docket No. 12 MISC 464577 (RBF) in which the Court granted summary judgment for P&A's...
What constitutes a legally binding real estate agreement?
Gone are the days when all real estate transactions are individually signed by each party and completed contracts are exchanged on paper. Rather, in today's digital age, many dealings are handled through electronic signatures, or what are deemed to be electronic...
Choosing A New Business Location? Consider These 4 Things.
Location. Location. Location. It's a phrase that anyone who has considered buying property knows well. When it comes to residential property, location can have a major impact on lifestyle and livability. When it comes to a new brick and mortar business, it can mean...