Robert Nislick, Attorney at Law
Massachusetts Real Estate & Litigation Attorney | (508) 405-1238
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
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
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
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
By Robert Nislick You own a unit in a Massachusetts condominium and serve on your association’s board of trustees. Your board takes seriously its responsibilities to maintain, repair, and protect the condominium property. One day, the board of trustees learns that a unit owner has altered, or will imminently alter, the common areas and facilitiesContinue reading Condominium Unit Owners Cannot Alter Common Areas Without Consent
By Robert Nislick Despite the fact that the adult cigarette smoking rate has hit an all-time low, Massachusetts landlords, apartment dwellers, condominium unit owners, and property managers occasionally have to deal with issues related to smoking neighbors. Landlords often want to know how they can prohibit a new tenant from smoking in the apartment theyContinue reading Smoking and Evictions in Massachusetts
By Robert Nislick, Esq. When Massachusetts neighbors start to disagree with each other, it should come as no surprise when someone wants to erect a fence. Suppose that you have had a falling out with your neighbors. His car is loud. Her dog runs around and barks uncontrollably. They park on your property. Their shedContinue reading Good Fences and Spite Fences in Massachusetts
By Robert Nislick You are a Massachusetts landowner. You may have recently purchased your property. Maybe you have owned the land for a long time. One day, you realize that your neighbors are doing something that irritates you. Perhaps they are parking cars on your property. Possibly they are crossing over your property. Maybe theyContinue reading How to Interrupt a Claim of Adverse Possession and Prevent the Acquisition of an Easement in Massachusetts
By Robert Nislick You are a Massachusetts landowner. Your neighbor has an easement to use your land. You want to use your own land too. Your neighbor sues you in Land Court or Superior Court. She seeks a declaratory judgment and an injunction to prevent you from using the land subject to the easement. SheContinue reading When an Easement Holder Tells You to Get Out of the Way – Understanding the Landowner’s Right to Use His Own Land
By Robert Nislick “What we are doing to the forests of the world is but a mirror reflection of what we are doing to ourselves and to one another.” – Mahatma Gandhi People cut down trees. People cut down each other. People cut down each other’s trees. In Massachusetts, if someone cuts down your trees,Continue reading Trespass to Trees in Massachusetts