Boundary Line Disputes, Building, Disputes, Land Court, Neighbors, Uncategorized, Zoning | Leave a Comment on Navigating the Two-Year Waiting Period on Unfavorable Special Permit and Variance Applications in Under the Massachusetts Zoning Act

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

Boundary Line Disputes, Disputes, Easements, Land Court, Uncategorized | Leave a Comment on The Surveyor’s Right to Enter Land 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

Building, Framingham, Land Court, Uncategorized, Zoning | 1 Comment on Obtaining a Variance or Special Permit in Massachusetts

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

Condominiums, Disputes, Housing Court, Land Court, Litigation, Property Management, Uncategorized | Leave a Comment on Trustees’ Responsibilities and Unit Owners’ Right of Access to Condominium Books and Records 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

Condominiums, Disputes, Land Court, Litigation, Restrictions, Uncategorized | Leave a Comment on Land Use Restrictions 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

Condominiums, Disputes, Land Court, Litigation, Restrictions, Uncategorized | Leave a Comment on Condominium Restrictions, By-Laws, and Rules and Regulations 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

Boundary Line Disputes, Easements, Land Court, Litigation, Paper Street, Right of Way, Uncategorized | Leave a Comment on The Rights of an Easement Holder to Improve a Right of Way or Paper Street 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

Adverse Possession, Boundary Line Disputes, Easements, Land Court, Litigation, Neighbors, Right of Way, Uncategorized | Leave a Comment on The Doctrine of Tacking in Massachusetts Adverse Possession Claims

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

Adverse Possession, Board of Health, Boundary Line Disputes, Easements, Fences, Land Court, Litigation, Uncategorized | 1 Comment on Love Your Neighbor, Et Cetera – A Holiday Wish

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

Contracts, Disputes, Land Court, Landlord Tenant, options, Specific Performance | 1 Comment on Options to Purchase Real Estate 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