Is Parking Allowed on an Easement in Massachusetts?
Whether you can park on the easement depends heavily on the language used in the grant of easement.
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Resolving a Petition For Partition in the Massachusetts Land Court
The parties can avoid the necessity of appointing a partition commissioner. It may be possible to reach a fair resolution. A good agreement may include a provision whereby the parties agree to jointly retain a certain broker to market and sell the property. The agreement may specify that each owner shall be responsible for the broker’s fees and expenses in proportion to his or her ownership interest.
Land Court Case Management Conferences
By Robert Nislick You are involved in a new lawsuit with your neighbor. The case has been filed in the Massachusetts Land Court. Perhaps you are a plaintiff who is asserting a claim of adverse possession against your neighbor. Alternatively, you may be a defendant in a case where the neighbor is claiming a right of way over your land. Perhaps youContinue reading Land Court Case Management Conferences
Filing a Motion to Dismiss in Massachusetts
Someone has filed a lawsuit against you in a Massachusetts court. You are served with a summons and complaint. You should call an experienced Massachusetts litigation attorney immediately to discuss how best to defend against the claims. You intend to defend vigorously against the plaintiff’s case. Filing a motion to dismiss may be appropriate. IfContinue reading Filing a Motion to Dismiss in Massachusetts
Rights of First Refusal in Massachusetts
Suppose that a landlord and tenant are about to enter into a lease for commercial property in Massachusetts. The tenant contemplates improving the premises. The landlord anticipates that it may want to sell the property in the future. The tenant may want to buy the property. The parties can negotiate an agreement so that ifContinue reading Rights of First Refusal in Massachusetts
Framingham Evictions Can Be Filed in Central Housing Court – Marlborough and Still in Framingham District Court
Framingham landlords can still file residential summary process cases in Framingham District Court, as always. Even with the recent expansion of the Housing Court, a landlord can start a Framingham eviction case in Framingham. Alternatively, he can choose to start the case in the Central Housing Court, which will hear the case in Marlborough. WhichContinue reading Framingham Evictions Can Be Filed in Central Housing Court – Marlborough and Still in Framingham District Court
The 6(d) Certificate in Massachusetts Condominiums
When a Massachusetts condominium unit owner wants to sell her unit to a buyer, she will have to obtain a “6(d) certificate” from her condominium association. Typically, a few weeks before the closing, the seller will request the certificate from the condominium trustees or the property manager, pay a fee, obtain the certificate, and provideContinue reading The 6(d) Certificate in Massachusetts Condominiums
How to Oppose an Application for Preliminary Injunction in Massachusetts
By Robert Nislick You are a Massachusetts resident or businessperson. Someone has just filed a lawsuit against you. A sheriff or constable comes to your home or place of business and serves you with a large stack of documents. The papers may include a civil action cover sheet, a summons, an order of notice, aContinue reading How to Oppose an Application for Preliminary Injunction in Massachusetts
Extension of Harassment Prevention Orders
Suppose that you were suffering harassment by neighbor, a co-worker, a former friend, or a business rival. After deciding that you were sick and tired of suffering this harassment, you went to the district court and filled out forms including a Complaint for Protection From Harassment and an Affidavit. The court held a hearing andContinue reading Extension of Harassment Prevention Orders
Returning A Security Deposit When The Landlord Has Violated The Security Deposit Act Prior to Evicting the Tenant
By Robert Nislick You are a Massachusetts landlord. When you leased your premises, you took a security deposit from your tenant. Unfortunately, you did not comply with the very strict requirements set forth in the Security Deposit Act. Perhaps, for example, you failed to deposit the funds in a separate, interest-bearing account in aContinue reading Returning A Security Deposit When The Landlord Has Violated The Security Deposit Act Prior to Evicting the Tenant