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When it comes to development permits, one of the most crucial considerations is to provide for lawful, adequate ingress and egress to existing adjacent streets. Vehicular access to streets-including via new roads, residential driveways and commercial parking lots-is...
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...
We recently had an opportunity to talk with traffic engineer, Ron Müller, P.E., of Ron Müller & Associates, Traffic Engineering and Consulting Services, based out of Hopkinton, Massachusetts, to get a better understanding of his profession. Here is an excerpt from...
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...
With summer weather upon us, beach and shoreline access is a timely topic. For beachfront or oceanfront (littoral) landowners, keeping trespassers off of their private property is often a primary concern. For beachgoers, access to the beach and ocean is the ultimate...
Understanding the judicial standard of review is important for litigants in zoning appeals filed under M.G.L. c. 40A, § 17, including the denial or approval of special permits and variances, and, in some cases, site plan review. Such appeals also include zoning board...
Most people are familiar with the concept of easements. As defined by Black's Law Dictionary (7th ed.), an easement isAn interest in land owned by another person, consisting in the right to use or control the land, or an area above or below it, for a specific limited...
In some instances, obtaining a variance is a lawful means to deviate from strict compliance with current zoning requirements. Although zoning boards usually grant them sparingly, an approved variance can be a useful tool for landowners seeking to, inter alia, site,...
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...