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Phased development often makes better business sense for certain kinds of residential and commercial properties. There are several planning and practical considerations that developers should make when it comes to phased projects. Determine whether a comprehensive,...
Though most people are familiar with the taking of land by eminent domain-that is, through the proper statutory procedure to acquire land for a public purpose-it is likely that few have heard of a "taking in pais".A taking in pais (pronounced "in pay" or "in pays")...
It has been just over one year since the Massachusetts SJC rendered its decision in Morrissey v. New England Deaconess Ass'n-Abundant Life Communities, Inc., 458 Mass. 580 (2010). Although still relatively an unknown case, it has significant ramifications for private...
Occasionally, a right of first refusal (ROFR) will operate as a limitation on the sale or disposition of real property. In simple terms, a ROFR isa limitation on a property owner's ability to sell the property to a third party, requiring the owner to first offer the...
Fences, driveways, structures, lawns, gardens, trees or shrubbery often extend beyond a deeded property line and encroach onto another's property. The area of land may only be a few feet wide or consist of an entire parcel. Depending on the duration and nature of the...
For landowners abutting a private way, obligations regarding maintenance and repair of the way depend on who owns the fee in the private way. These obligations include things like snow removal, re-paving, proper drainage and other maintenance issues.In general, a...
Any landowner contemplating the grant of a new easement over his property should consider whether he wants the grantee to assume a portion of the property taxes. By statute, property taxes are usually assessed to the landowner. Therefore, unless there is an agreement...
A landowner who discovers that one or more trees have been unlawfully cut or cleared from his property is entitled to recover monetary damages as compensation for the loss. And, in many instances, the landowner may be entitled to treble (triple) damages resulting from...