Part of the process for buying real estate is to research the title of the property. This is important because the title shows the ownership of the property, and you want to be certain the person selling the property truly owns it or has the authority to sell it. The...
Real Estate Law
Do Private Parties Have the Right to Enforce Covenants and Conditions Imposed by a Planning Board as Part of an Approved Definitive Subdivision?
Recently we were asked to address the right of lot owners in an approved subdivision to enforce the terms of a covenant imposed by the Planning Board as part of the definitive subdivision approval. The restriction barred further division of lots. The Planning Board,...
Problems with the title may complicate property purchase
If you are in the middle of purchasing property in Massachusetts, you may wonder why the process takes so long. It may seem like days or weeks go by with no progress, and when you contact your real estate agent, you may learn that they are still waiting for the title...
INTRODUCTION TO TRESPASS AND TRESPASS DAMAGES
A landowner is typically entitled to the exclusive possession and enjoyment of his/her land. But vigilance is required to protect those rights, especially where there are unauthorized encroachments by neighboring land owners, which can constitute a trespass.A...
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...
When fences divide neighbors: Know your legal rights
In a perfect world, we would all get along with our neighbors -- and maybe even enjoy a few summertime barbecues. However, in the real world, this is not always the case and there are times when squabbles with neighbors turn into all out legal disputes. A common area...
Top 4 things to know about commercial real estate appraisals
When it comes to buying and selling commercial real estate in the Boston area, an appraisal is a standard step in the process. Going into the appraisal, business owners must keep in mind that a commercial appraisal is vastly different from a residential one. There are...