Recently we were asked to address the right of lot owners in an approved subdivision to enforce the terms of a covenant imposed by the Planning Board as part of the definitive subdivision approval. The restriction barred further division of lots. The Planning Board, however, approved a further division by endorsing an Approval Not Required (ANR) plan pursuant to G.L. c. 41, § 81L. Multiple lot owners in the subdivision brought suit in the Land Court challenging the ANR Plan as legally-untenable because it violated the terms of the underlying subdivision approval and covenant. This post explores the nature of such planning board covenants and who can enforce them.
Today we offer a quick refresher of sorts. When it comes to real estate development-whether it be incorporating a new use, building a structure, or somehow otherwise modifying the existing conditions on site-there are several sources of laws and other "restrictions" that the developer and/or landowner should be aware of in advance. These include the following:
The age of Massachusetts lends itself well to preservation easements. These kinds of easements, also referred to as preservation restrictions, create tax and other benefits for owners of historic properties in exchange for certain restrictions that will protect and preserve the historical and architectural significance of relevant structures and/or landscape features.