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Obtaining a Partial Release of Mortgage

By Robert Nislick You are a Massachusetts homeowner or landowner. One day, someone offers to buy a portion of your land. You are willing to sell a piece of your property to this buyer. You will need to convey him good and clear record and marketable title to this piece of land. Your property hasContinue reading Obtaining a Partial Release of Mortgage

Responding to a Chapter 93A Demand Letter

By Robert Nislick You are a Massachusetts businessperson. Perhaps you are a landlord, a contractor, a builder, a real estate broker, or a storeowner. Someone you have done business with is upset with you. One day you receive a letter from an attorney, or from the person directly. The letter may state that is aContinue reading Responding to a Chapter 93A Demand Letter

How to Interrupt a Claim of Adverse Possession and Prevent the Acquisition of an Easement in Massachusetts

By Robert Nislick You are a Massachusetts landowner. You may have recently purchased your property. Maybe you have owned the land for a long time. One day, you realize that your neighbors are doing something that irritates you. Perhaps they are parking cars on your property. Possibly they are crossing over your property. Maybe theyContinue reading How to Interrupt a Claim of Adverse Possession and Prevent the Acquisition of an Easement in Massachusetts

Unauthorized Occupants and Illegal Subletting in Massachusetts

By Robert Nislick You are a Massachusetts landlord who has leased your property to a tenant. You have contracted with only one person. The tenant never told you that anyone else would be living in the apartment. You never agreed that anyone else could live in the unit except the tenant. One day you discoverContinue reading Unauthorized Occupants and Illegal Subletting in Massachusetts

What Happens if the Tenant Doesn’t Show Up to Court

Default Judgments in Massachusetts Summary Process Actions By Robert Nislick You are a Massachusetts residential landlord or commercial landlord. You have properly terminated the defendant’s tenancy for nonpayment of rent or for cause. You have properly served the tenant with a Summary Process (Eviction) Summons and Complaint.  You have properly entered your residential eviction actionContinue reading What Happens if the Tenant Doesn’t Show Up to Court

Establishing Your Right of Way in Massachusetts

By Robert Nislick You live in an idyllic Massachusetts town established in colonial times. One of the oldest roads in the county, such as Boston Post Road, Old Sandwich Road, or Old Connecticut Path, may run through your neighborhood. If your house fronts a public way, you should have no problem traveling to and fromContinue reading Establishing Your Right of Way in Massachusetts

Rent Escrow During the Massachusetts Eviction Process

By Robert Nislick Many Massachusetts landlords have encountered a tenant who has exploited the landlord in the following manner. The tenant has fallen behind on the rent. The landlord needs to get paid. The landlord serves a 14-Day Notice to Quit for Nonpayment of Rent. Almost immediately, the tenant calls Boston Inspectional Services Department (ISD),Continue reading Rent Escrow During the Massachusetts Eviction Process

Can the Landlord Enter the Tenant’s Apartment

By Robert Nislick Massachusetts landlords frequently ask whether they can enter their tenant’s rental unit during the term of the lease. The landlord may have many valid reasons for wanting to enter the apartment. Oftentimes, a tenant’s lease will be up soon, the landlord has decided not to renew the lease, and the landlord wantsContinue reading Can the Landlord Enter the Tenant’s Apartment

When an Easement Holder Tells You to Get Out of the Way – Understanding the Landowner’s Right to Use His Own Land

By Robert Nislick You are a Massachusetts landowner. Your neighbor has an easement to use your land.  You want to use your own land too.  Your neighbor sues you in Land Court or Superior Court. She seeks a declaratory judgment and an injunction to prevent you from using the land subject to the easement. SheContinue reading When an Easement Holder Tells You to Get Out of the Way – Understanding the Landowner’s Right to Use His Own Land

Trespass to Trees in Massachusetts

By Robert Nislick “What we are doing to the forests of the world is but a mirror reflection of what we are doing to ourselves and to one another.” – Mahatma Gandhi People cut down trees. People cut down each other. People cut down each other’s trees. In Massachusetts, if someone cuts down your trees,Continue reading Trespass to Trees in Massachusetts