In the Boston metro area, many homes have power lines, gas lines or other utility lines over or under the property. This is usually a sign that the utility company has an easement over the land. An easement grants another party the right to access a property owner’s...
Phillips & Angley Blog
Common examples of adverse possession
The doctrine of adverse possession allows a person to acquire ownership of land if that person has used the property in Massachusetts continuously for 20 years. The most common cases of adverse possession are a: Private road Driveway Fence that is over the property...
Two seller situations that can lead to future title issues for buyers
Buying real estate is a major investment, especially when you want to purchase a commercial or industrial parcel. Owning the property where you do business can save you money in the long run but will cost a lot more up front than just signing a commercial lease....
Does a restrictive covenant affect your property?
If you have a restrictive covenant affecting your property, you should know that it may restrict the ways that you can use your land. The reason for this restrictive covenant is usually to preserve the value and enjoyment of pieces of adjoining lands. For instance,...
How title disputes arise when buying property from an estate
Buying a home is difficult when inventory is low and demand is high. The last few years have resulted in a very competitive real estate market that leaves many people in the Boston area struggling to acquire housing. Most people who find the right house and make a...
Can you build on your property without a permit in place?
If you want to build a new playhouse for your children or to add on a new structure to your home, it’s important to know about the city’s zoning requirements and permits. Although you may think it would be as easy as building the structure on your property and moving...
Spot zoning: What you should know
While this doesn't happen often, city planning boards may have to deal with the request of a petitioner to rezone property. However, anyone who objects to the rezoning may claim that rezoning is actually an unlawful practice known as spot zoning. When this occurs, the...
What’s the difference between an easement and a right of way?
Property locations can pose a challenge in Massachusetts. If you own a large section of land, there might be people who want to go hiking, fishing, or hunting on your property. You might also have people who want to cross through your property to get from one place to...
Why is the fair housing law important?
The commonwealth of Massachusetts has applicable state and federal fair housing laws. Fair housing law prohibits discrimination based on race, color, religion, familial status, gender identity, and other traits protected under civil rights law. Often plaintiffs will...
What is the difference between a variance and a special permit?
This question is heard a lot here in Boston and around the state when owners contemplate changes to their property. In either case, the owner must follow a process for filing an appeal with the appropriate local Board of Zoning Appeals (BZA). Each municipality has its...