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We ran across this news the other day, and thought it was an interesting approach for landowners looking to fund and coordinate the maintenance of private ways.At the Scituate Special Town Meeting (held November 13, 2012), residents voted unanimously to approve...
In many real estate cases, a thorough title search is often necessary to understand the nature of the interests held in the property in question. A title search will also help identify any encumbrances and/or interested parties that may affect the outcome of the...
Chances are that most people are not aware that "waste" is a cause of action that can be brought against life tenants who mismanage real property while it is in their possession. Pursuant to M.G.L. c. 242, § 1, a valid claim of waste may exist [i]f a tenant . . . for...
In real estate law, the partition of land (and buildings thereon) is a useful, and often necessary tool , that can be used to divide property when the land is owned by two or more individuals holding undivided interests. The right to partition is an absolute right and...
It is certainly not unusual to hear about tree cutting cases where a landowner wants to trim the branches of a neighbor's tree that overhang the common boundary line-which is lawful, to a point-or even those cases where a person trespasses onto the land of another to...
When the Commonwealth or a municipality takes land by eminent domain, the landowner is entitled to "just and reasonable compensation" for his loss. The measure of damages the landowner is entitled to is based on the fair market value of the property taken at the time...
Many people may not realize that in Massachusetts, "[a]n eminent domain taking in fee simple extinguishes all other interests in the subject property. In particular, where an easement exists, the taking of the servient estate will destroy the easement rights of the...
Boundary disputes can arise in a number of ways. Perhaps a landowner wants to install a fence or septic system, and the location of the boundary line becomes an issue with the neighbor. Other cases can come about innocently, such as when a landowner discovers (via a...
Subdivision developers should think twice about relying on engineering firms/consultants retained by planning boards to disclose any deficient work. Even if that failure to disclose problems later leads to costly re-construction and repairs, there may be no legal...
For the tenth straight month, real estate transactions continue to trend positively in Massachusetts. Specifically, condominium and single-family home sales in Massachusetts are going up. On March 13, the Massachusetts Association of Realtors reported that sales of...