What to Expect When the Land Court Judge Takes a View of Your Property

If you are involved in a lawsuit that has been filed in the Massachusetts Land Court, it is common for the judge to come to your property to take a view.  This is an opportunity for the judge to see with his or her own eyes what the parties are fighting about. For example, theContinue reading What to Expect When the Land Court Judge Takes a View of Your Property

Chicken and Rooster Regulations in Massachusetts Towns and Cities

  All has been quiet for years in your suburban neighborhood.  Early one morning, you are awoken by the sound of crowing.  Your neighbor has decided to keep a rooster.  You soon learn that roosters crow all day, not just at dawn.  The constant noise makes working from home impossible and it is impacting yourContinue reading Chicken and Rooster Regulations in Massachusetts Towns and Cities

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

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

Navigating the Two-Year Waiting Period on Unfavorable Special Permit and Variance Applications in Under the Massachusetts Zoning Act

By Robert Nislick You are a Massachusetts landowner and would like to develop or improve your property. You have applied or appealed to your town’s zoning board of appeals for a special permit or variance. The ZBA has denied your requests for zoning relief. You may have considered appealing the decision to the Land CourtContinue reading Navigating the Two-Year Waiting Period on Unfavorable Special Permit and Variance Applications in Under the Massachusetts Zoning Act

Massachusetts Local Counsel Available for Businesses, Individuals, and Attorneys

By Robert Nislick If you are businessperson with a corporate dispute in Massachusetts but you are headquartered outside of the Bay State, or you own real estate or a rental property in the Commonwealth but live elsewhere, or you are an attorney for a company that has just been sued in Massachusetts, you may needContinue reading Massachusetts Local Counsel Available for Businesses, Individuals, and Attorneys

Fourteen Days Notice to Quit For Nonpayment of Rent in Massachusetts

By Robert Nislick You are a Massachusetts landlord. Your tenant is not paying rent. You want to evict him. What can you do to get the eviction process started? Most landlords know that before you can evict a tenant for nonpayment of rent, the landlord must serve, and the tenant must receive, a fourteen-day noticeContinue reading Fourteen Days Notice to Quit For Nonpayment of Rent in Massachusetts

The Surveyor’s Right to Enter Land in Massachusetts

By Robert Nislick You are a landowner in Massachusetts. Suppose that you are in the midst of a dispute with your neighbor concerning your boundary line. Perhaps your neighbor’s shed encroaches on your property. Maybe you have fenced your neighbor off from his land for more than twenty years, and you are contemplating filing anContinue reading The Surveyor’s Right to Enter Land in Massachusetts

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