Some restrictions on property are limited in their duration, often either through the express terms of the instrument or by statute. In a May 18, 2018 Massachusetts real estate case, the issue concerned the water usage rights of a local town in a lake located on the defendant’s property. The parties disputed whether…
The consequences of a zoning board decision are not limited to the subject property but may also affect the neighborhood and wider community. In certain situations, someone who believes a decision will negatively affect them may challenge a Massachusetts zoning board ruling. However, Massachusetts law restricts the group of people with…
A deed restriction may significantly affect one’s enjoyment of their own property by prohibiting certain uses, activities, or construction. The plaintiff in an April 26, 2018 Massachusetts land use case challenged a deed restriction imposed on her property in the Massachusetts Land Court. She sought a declaration that some of…
Changes in land use and the development of nearby property is often a cause of concern for residential homeowners. In an April 19, 2018 Massachusetts real estate case, the plaintiffs challenged a zoning board’s decision to grant a special permit to a developer, the defendant in the case. The special…
In the real estate market, the zoned use or designation of a parcel of property can significantly affect its monetary value. In a March 8, 2018 land use case, the property at issue was estimated to be worth $250,000 if it was a buildable lot, but only around $85,000 if…
If you are opposed to a local government decision regarding land use, you may be able to bring an appeal if you are an aggrieved person as defined by law. In a February 16, 2018 Massachusetts land use case, the Land Court considered whether a plaintiff had legal standing to…
In order to make certain improvements to your property, you may need approval from a local planning board. If the process does not end in a favorable decision, you can appeal. A February, 1, 2018 real estate case before the Land Court arose out of the plaintiffs’ efforts to develop…
If someone files a frivolous real estate action against you, you may be able to recover your attorneys’ fees from defending against the claim. A December 18, 2017 case before the Massachusetts Land Court demonstrates this situation. In the case, a town sold a parcel of land to the defendants.…
Restrictions, often known as covenants, bind landowners to specific provisions concerning their property. In a December 5, 2017 Massachusetts real estate case, the Appeals Court considered whether certain restrictions on land had expired, or whether the restrictions had been legally and effectively extended. The plaintiffs in the case filed an action…
Building a dwelling on your own property typically requires a special permit or approval from a local zoning board. That decision can be appealed, as the plaintiffs appealed the denial of their building permit application in a November 2, 2017 Massachusetts zoning case before the Land Court. The plaintiffs in the…