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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...
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...
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...
At the onset of starting a business, you need to make sure to structure the business in a way that makes sense for your needs. Each type of business structure comes with its own unique set of tax and legal implications. This makes it imperative for an owner to fully...
Talk to most about buying commercial real estate in Boston and you are bound to hear many of the positives, including additional cash flow and a more open buying market than one may see with residential real estate. However, even though there are certainly many...
A recent case brought before the Massachusetts Supreme Judicial Court is highlighting some of the pitfalls developers can find themselves facing when trying to get a project plan approved and moving forward. While this case highlights the fact that not all cases can...
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...