People who purchase real property in Massachusetts usually expect to use their right of quiet enjoyment as they see fit. In plain English, they anticipate having complete control over what they do with the property both inside and out. In reality, many properties are...
Real Estate Law
Jurisdictional Soundness of Waste Claims in a Partition Action in the Land Court
“The Land Court is a court of limited jurisdiction, as prescribed by statute. See G. L. c. 211B, § 1 (establishing Land Court as department of Trial Court). See also Bevilacqua v. Rodriguez, 460 Mass. 762, 766, 955 N.E.2d 884 (2011), quoting Riverbank Improvement Co....
What to do if your Massachusetts property seller lacked a title
Finally purchasing your dream home is a significant milestone that you should celebrate. Unfortunately, the excitement of finally owning your piece of real estate can sometimes overshadow crucial details. One nightmare scenario involves discovering that the person who...
A guide for modifying property boundary lines
Modifying property boundary lines can be a complex process. Before you start, you should consider all the factors and legal requirements. Reasons to adjust property lines include expansion and consolidation. You can also move property lines to resolve disputes....
Why probate sales sometimes lead to complex title litigation
Many property owners in Massachusetts include specific instructions for their real property in their estate plans. Oftentimes, people instruct the personal representative of their estate to sell their real property if none of their beneficiaries wish to purchase it or...
Going to court can help to resolve old title issues
When someone holds a title to a home or unimproved parcel in Massachusetts, that means they are the owner of record for that piece of real property. Some people hold title alone, while others share their ownership interest with a spouse, a child or even a friend....
3 common challenges to developing wetlands worth considering
Property development, particularly in rural areas, often tends to result in some degree of pushback. Local communities, neighbors and even regulatory authorities may take issue with the decision to develop a specific piece of land. Wetland properties are among the...
Did a seller hide a restrictive covenant in your closing papers?
People sometimes treat the paperwork involved in a commercial real estate transaction as a mere technicality. They assume that the forms they sign are standard boilerplate documents that transfer ownership of the property to a new party. Anyone with a background in...
Can an HOA stop someone from adding a pool?
When someone buys real property, they usually have the right to do whatever they want with the home and the acreage they’ve purchased. Of course, there are some limitations concerning property use enshrined in both local and state laws. For the most part, however,...
The True Costs of Not Paying Your Property Taxes in Massachusetts
What happens if you are delinquent in making your property tax payment to a city or town? Chapter 60 of the General Laws governs the procedures available to municipalities for collecting delinquent real estate taxes. There are multiple remedies provided under G.L. c....