In general, new homes must be constructed pursuant to the current requirements of local Massachusetts real estate zoning bylaws. Under some circumstances, however, the zoning bylaw may provide for an exception, such as for existing structures. In an October 7, 2019 opinion, the Appeals Court of Massachusetts considered whether a…
If someone has interfered with your easement or property rights, you may have legal recourse. In a September 19, 2019 Massachusetts real estate case, the plaintiffs filed an action against their neighbors in Land Court claiming that their property had the benefit of an easement over their neighbors’ property. Specifically,…
There are several ways in which limitations may be imposed in Massachusetts property rights matters. Some examples include local zoning bylaws, which may regulate aspects such as how far a structure must be set back from the street, and public easements, which may prevent the property owner from blocking off…
If you are planning to construct a new home on your recently purchased property, a Massachusetts real estate attorney can guide you through the legal process. Typically, new residential construction is subject to local zoning laws, illustrated in a September 16, 2019 case. The plaintiffs in the case had reportedly…
A restrictive covenant is a binding legal obligation that relates to the use of the land. Typically, restrictive covenants are written into the real estate deed to the property. In some situations, a plaintiff may sue to enforce a covenant against the owner of property subject to a restrictive covenant,…
Constructing a dwelling on a vacant lot usually involves some legal considerations, as well as approval from the local Massachusetts zoning authority. Individuals who are denied a building permit may appeal to ensure that the matter was correctly decided under the law. In a June 3, 2019 Massachusetts property case,…
Making a significant change to residential property in Massachusetts typically requires approval from the local zoning authority. That decision may be subject to several levels of appeals by the homeowners and other parties aggrieved by the outcome. Proceeding with the changes, despite a pending appeal, may cause complications further down…
In Massachusetts, certain uses and activities must be permitted under local zoning laws or approved by the proper authority before they are allowed to take place on a specific parcel of property. In a March 21, 2019 Massachusetts zoning case, the plaintiffs sought to reverse a local decision that prevented…
November 4, 2016, Massachusetts voters passed legislation authorizing the legalization, regulation, and taxation of recreational cannabis in Massachusetts. The Massachusetts statute allows cities and towns to adopt their own ordinances and zoning bylaws imposing reasonable safeguards on the operation of marijuana establishments. The plaintiffs in a March 7, 2019 case…
Many of the old homes in Massachusetts were built before the current local zoning bylaws were enacted. In many situations, the bylaws exempt these homes from a particular regulation by grandfathering them. In a February 21, 2019 case, the Massachusetts Land Court considered whether a town’s zoning bylaws permanently grandfathered certain uses…