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

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

Specific Performance of Real Estate Contracts

By Robert Nislick You have been searching endlessly for that perfect new home. After spending countless weekends attending open houses, and hours visiting properties with your broker, you have finally found the right place. You are a solid buyer and you have made a very strong offer. The seller agrees and accepts your offer. HeContinue reading Specific Performance of Real Estate Contracts

Corporations Must Be Represented By Counsel in Massachusetts Lawsuits

By Robert Nislick You are a Massachusetts business owner. Perhaps you are the trustee of a trust. Maybe you are a landlord who owns some rental property. When you started operating your business, you decided to incorporate. One day, you find yourself in a dispute. Someone has sued your company. Alternatively, someone owes your businessContinue reading Corporations Must Be Represented By Counsel in Massachusetts Lawsuits

Getting and Removing a Lis Pendens in Massachusetts

 By Robert Nislick When Massachusetts real estate owners are involved in land disputes, they frequently want to know how getting a lis pendens may help them. A plaintiff may seek to obtain and record a memorandum of lis pendens on a defendant’s property when instituting a proceeding that affects the title to real property orContinue reading Getting and Removing a Lis Pendens in Massachusetts