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...
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...
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."...
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...
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...
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...
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...
While banks are attempting to take advantage of Boston's commercial real estate market, there are concerns regarding another possible real estate bubble. Lending by the Boston area's 25 largest banks has risen by approximately 40 percent over the past three years. The...
In Christakis v. D'Arc, 471 Mass. 365 (2015), the SJC addressed the interplay between Chapter 7 of the Bankruptcy Code, judicial liens on real property, and the interplay between state and federal law. Specifically, the issue on appeal was "whether judicial liens on...
We have repeatedly posted about the so-called Derelict Fee Statute, G. L. c. 183, § 58, in the past here at P & A. One aspect of the statute that we have not discussed is the interplay between the statute, which governs ownership of private ways, and the use...
