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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

Love Your Neighbor, Et Cetera – A Holiday Wish

By Robert Nislick “You shall love your neighbor as yourself.” Leviticus 19:18. In the world of real estate litigation, however, not everyone abides by this commandment. During this holiday season, as we celebrate miracles and pray for peace, I offer the following wish: Love your neighbor, landlord, tenant, easement holder, servient estate owner, licensee, trespasser,Continue reading Love Your Neighbor, Et Cetera – A Holiday Wish

Options to Purchase Real Estate in Massachusetts

By Robert Nislick You are a Massachusetts commercial tenant or landlord. The lease contains a provision that gives the tenant an option to purchase the leased premises from the landlord. An option to purchase real property is a “contract by which an owner of realty enters an agreement with another allowing the latter to buyContinue reading Options to Purchase Real Estate in Massachusetts

Free Speech, Fighting Words, True Threats, and Massachusetts Harassment Prevention Orders

By Robert Nislick A person suffering from harassment may file a complaint in a Massachusetts court requesting protection from such harassment. See G. L. c. 258E, § 3 (a). To do this, the plaintiff would generally go to the district court that has venue of the plaintiff’s residence. See G. L. c. 258E, § 2.Continue reading Free Speech, Fighting Words, True Threats, and Massachusetts Harassment Prevention Orders

Frequently Asked Questions About Tree Law in Massachusetts

By Robert Nislick Massachusetts homeowners frequently have questions about the ownership of trees on their property and the right to cut overhanging branches from a neighbor’s tree. Here are some of those questions, with answers, based on Massachusetts law. Question:        If a tree trunk is wholly on Alan’s property, who owns the tree? Answer:          AlanContinue reading Frequently Asked Questions About Tree Law in Massachusetts

Commercial Tenants’ Rights and Remedies in Massachusetts

By Robert Nislick You are a Massachusetts commercial tenant. Your company leases space and pays a handsome rent to your Massachusetts commercial landlord. Unfortunately, the landlord utterly fails to maintain the leased premises. The condition of the space is so poor that it affects your ability to operate your business. What can you do? OneContinue reading Commercial Tenants’ Rights and Remedies in Massachusetts

Contracts Law and Attorney’s Fees Provisions in Massachusetts

By Robert Nislick Contracts. Everyone enters into them. Most people fulfill their contractual obligations. Some people do not. There may be a good explanation for why someone has not satisfied his or her contractual obligations. Most of the time, however, there is no good excuse to evade your duties under an agreement. For the mostContinue reading Contracts Law and Attorney’s Fees Provisions in Massachusetts