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Obtaining a Variance or Special Permit in Massachusetts

By Robert Nislick You are a landowner in Massachusetts. You have a project in mind for improving your property. Perhaps you would like to build an addition to your home. For example, Alison wants to bump the front door out so it is a little closer to the street, and build a nice new entryway,Continue reading Obtaining a Variance or Special Permit in Massachusetts

Stays of Execution in Massachusetts Landlord and Tenant Cases

By Robert Nislick You are a Massachusetts landlord and you are trying to evict your tenants. You have already terminated their tenancy, served them with a summons and complaint, entered the case in the Housing Court or District Court, and appeared on the day of trial. You tried your case and the court found thatContinue reading Stays of Execution in Massachusetts Landlord and Tenant Cases

Trustees’ Responsibilities and Unit Owners’ Right of Access to Condominium Books and Records in Massachusetts

By Robert Nislick When a dispute starts to arise between and a unit owner and a board of condominium trustees, the unit owner may ask to review the financial records of the condominium. The unit owner may suspect that the trustees are expending money wastefully or improperly. What records must the condominium trustees maintain? WhatContinue reading Trustees’ Responsibilities and Unit Owners’ Right of Access to Condominium Books and Records in Massachusetts

Land Use Restrictions in Massachusetts

By Robert Nislick You are a Massachusetts landowner, possibly a homeowner in a residential subdivision. When the developer planned your community, it may have for example, sought to impose a set of building restrictions or restrictive covenants, for the stated purpose of protecting the value, attractiveness and pleasant living quality of the lots within theContinue reading Land Use Restrictions in Massachusetts

Condominium Restrictions, By-Laws, and Rules and Regulations in Massachusetts

By Robert Nislick As part of a condominium board’s authority to manage and control the common areas of a condominium, the trustees often adopt by-laws and rules and regulations which govern how the unit owners can use the common areas and their units. Typical by-laws and rules and regulations cover topics such as parking, pets,Continue reading Condominium Restrictions, By-Laws, and Rules and Regulations in Massachusetts

The Rights of an Easement Holder to Improve a Right of Way or Paper Street in Massachusetts

By Robert Nislick You are a Massachusetts homeowner. Your property abuts a street that may never have been paved. It could be a dirt road that is hard to navigate in wet weather and dusty and bumpy when it is dry. Alternatively, your property abuts a street that exists only on paper. The way existsContinue reading The Rights of an Easement Holder to Improve a Right of Way or Paper Street in Massachusetts

But If You Do – Things to Remember When Taking a Security Deposit in Massachusetts

By Robert Nislick You are a Massachusetts landlord. A new tenant is about to lease your house or apartment from you. You would like to take a security deposit from this person. Allow me to talk you out of it. Read my companion article, “Don’t Do It – The Case Against Taking a Security DepositContinue reading But If You Do – Things to Remember When Taking a Security Deposit in Massachusetts

Don’t Do It – The Case Against Taking a Security Deposit in Massachusetts

By Robert Nislick You are a Massachusetts landlord. A new tenant is about to lease your house or apartment from you. You would like to take a security deposit from this person. In the event that the tenant damages the property or fails to pay rent, the idea of having a security deposit available toContinue reading Don’t Do It – The Case Against Taking a Security Deposit in Massachusetts

Voluntary Administration of Estates in Massachusetts

By Robert Nislick If a loved one who was living in Massachusetts dies, and his or her estate consists of only of a car and other personal property not exceeding $25,000.00, then you may be able to take advantage of an expedited procedure for probating your loved one’s estate, called voluntary administration. If thirty daysContinue reading Voluntary Administration of Estates in Massachusetts

The Doctrine of Tacking in Massachusetts Adverse Possession Claims

By Robert Nislick In order for one Massachusetts landowner to establish title by adverse possession to land owned of record by another, the claimant must prove “nonpermissive use which is actual, open, notorious, exclusive and adverse for twenty years.” Lawrence v. Concord, 439 Mass. 416, 421 (2003). Frequently, a person who is adversely possessing another’sContinue reading The Doctrine of Tacking in Massachusetts Adverse Possession Claims