Is Parking Allowed on an Easement in Massachusetts?
Whether you can park on the easement depends heavily on the language used in the grant of easement.
Resolving a Petition For Partition in the Massachusetts Land Court
The parties can avoid the necessity of appointing a partition commissioner. It may be possible to reach a fair resolution. A good agreement may include a provision whereby the parties agree to jointly retain a certain broker to market and sell the property. The agreement may specify that each owner shall be responsible for the broker’s fees and expenses in proportion to his or her ownership interest.
Filing a Motion to Dismiss in Massachusetts
Someone has filed a lawsuit against you in a Massachusetts court. You are served with a summons and complaint. You should call an experienced Massachusetts litigation attorney immediately to discuss how best to defend against the claims. You intend to defend vigorously against the plaintiff’s case. Filing a motion to dismiss may be appropriate. IfContinue reading Filing a Motion to Dismiss 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
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
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
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
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
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