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Easement agreements are used to address a wide array of issues and interests of landowners including resolving property disputes, clarifying property rights between neighbors or granting new rights of access. Common to all however, is the fact that one person's land...
There has already been much recent zoning buzz about the impending medical marijuana dispensaries, and a significant SJC ruling (ZBA of Lunenburg v. Housing Appeals Committee) in the Chapter 40B affordable housing front, so let's take a look at what else is happening...
An interesting case-much less frustrating one for the plaintiff-developer involved-came out of the Appeals Court at the very end of 2012. In Buccaneer Dev., Inc. v. Zoning Bd. of Appeals of Lenox, Docket No. 11-P-1159 (Mass. App. Ct. Dec. 28, 2012), the sole...
Sometimes you just run across decided cases that are so full of concise, black letter law, well-reasoned issues of first impression and multiple, alternate law-based rationales supporting the decision (read: iron-clad), that you have to share them. Sullivan v....
Have you heard the buzz about "Granny Pods" or "elderly cottage additions"? As our population of individuals aged 65 and older increases over the next several decades, if you haven't heard about them yet, you will. First, some statistics. According to the Center for...
What is fascinating, if not maddening, about the practice of law is that just when you think you've come across every iteration of facts that can be applied to a legal doctrine or precedent, you run into a scenario that tests-or at least puts a new twist on-a...
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...
We recently had an opportunity to talk with Bradley C. McKenzie, P.E., Principal, and Shane L. Brenner, PLS, of McKenzie Engineering Group, Inc. (MEG) based out of Danvers and Norwell, Massachusetts, to get a better understanding of their respective professions within...