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After the recent publicity surrounding a court-ordered removal of a million-plus dollar home in Marblehead (for more on that story, click over to The Massachusetts Real Estate Blog), it would be easy to assume that courts would have no problem ordering the removal of...
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,...
In 2006, the Massachusetts Legislature created the "Permit Session" of the Land Court to allow a more expedited appeal process for development projects that meet certain build-out thresholds. So long as the underlying project involves either twenty-five (25) or more...
In another zoning case that supports the expansion of a pre-existing, nonconforming use, the SJC issued its decision in Shirley Wayside Ltd. P'ship v. Bd. of Appeals of Shirley, SJC-10869 (Feb. 7, 2012), an action that was commenced in the Land Court in late 2005.In...
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")...
Though the special permit process is governed by both the Massachusetts Zoning Act (M.G.L. c. 40A) and local zoning bylaws and ordinances, the procedure for appeals of special permit decisions are set forth in M.G.L. c. 40A § 17.When a special permit application...
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...