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

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

Extension of Harassment Prevention Orders

Suppose that you were suffering harassment by neighbor, a co-worker, a former friend, or a business rival. After deciding that you were sick and tired of suffering this harassment, you went to the district court and filled out forms including a Complaint for Protection From Harassment and an Affidavit. The court held a hearing andContinue reading Extension of Harassment Prevention Orders

Returning A Security Deposit When The Landlord Has Violated The Security Deposit Act Prior to Evicting the Tenant

By Robert Nislick   You are a Massachusetts landlord. When you leased your premises, you took a security deposit from your tenant. Unfortunately, you did not comply with the very strict requirements set forth in the Security Deposit Act. Perhaps, for example, you failed to deposit the funds in a separate, interest-bearing account in aContinue reading Returning A Security Deposit When The Landlord Has Violated The Security Deposit Act Prior to Evicting the Tenant

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

Stays of Execution in Massachusetts Landlord and Tenant Cases

By Robert Nislick You are a Massachusetts landlord and you are trying to evict your tenants. You have already terminated their tenancy, served them with a summons and complaint, entered the case in the Housing Court or District Court, and appeared on the day of trial. You tried your case and the court found thatContinue reading Stays of Execution in Massachusetts Landlord and Tenant Cases

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