If you aspire to develop property in Massachusetts, you may be always on the lookout for a promising piece of land. If the land has been sitting vacant for some time, you may want to do a careful examination of the property lines. This includes land you may already...
Phillips & Angley Blog
You know you need a title search done but aren’t sure why
When you purchase a piece of property here in Boston, or anywhere else for that matter, you want as much assurance as possible that you will actually own the property free and clear. You may assume that once the relevant parties execute a deed putting the real estate...
Easement Basics Part II: How Easements Are Created
In this part II of our series on easement basics, we will discuss how easements are created. Broadly-speaking, easements are established in three ways: by (1) express grant/reservation; (2) implication; and (3) prescription. As to each of these theories, "[o]ne...
An Alternative Avenue for Adjudicating Zoning Questions: Declarations Under G.L. c. 240, §14A
The Massachusetts Zoning Act sets forth a thorough process for those persons seeking or opposing zoning relief to have their grievances adjudicated. Usually, the first stop is at the local building inspector or zoning enforcement officer. If unsatisfied, an appeal is...
Easement Basics Part I: What They Are, Appurtenant Versus Personal Easements, and the Taxonomy of Claims
A significant percentage of our case load, here, at , involves disputes over easements, also known as use rights, particularly over access and private way issues. Easement law comprises some of the oldest law in the United States, as we...
Application of General Laws Chapter 40A, Section 7 and the Two Limitation Periods for Zoning Enforcement to an Improperly Sited Structure.
Recently we were asked to address the situation where a landowner obtained a use special permit with a condition that the structure containing the use be built as located on a designated site plan, and that a final as-built plan be filed after completion of...
Accounting Actions in Partition Proceedings; How Partition Sale Proceeds Are Divided and Disbursed
As previously discussed in our blog post regarding the Nuts and Bolts of a Petition to Partition, a partition proceeding is a legal action to dispose of jointly held property "to balance the rights and equities of the parties concerning the property at issue."...
Standing Gets Stickier: Murchison v. Zoning Bd. Of Appeals of Sherborn
We have written a number of posts over the years discussing the requirements for standing in zoning appeals in Massachusetts, see here, here, here, here, here, and here to start. On September 30, 2019, the Appeals Court decided to add another twist to this already...
Variance Conditions Revisited: Green v. Board of Appeals of Southborough; The Difference between Exercising Variances and Satisfying their Conditions
We previously blogged about a case study, which we encountered in representation of a kennel before a local zoning board, regarding how conditions of variances work and how they are applied and enforced. Recently, the Appeals Court published Green v. Board of Appeals...
The Nuts and Bolts of a Petition to Partition: Filing a Petition with the Court
A petition to partition initiates a legal proceeding, which allows a co-owner of real property to dispose of the same by physical division or forcing a sale. Petitions to partition are governed by G.L. c. 241. Each co-owner of property has the "'equal right of entry,...