Making certain changes to your property, such as dividing or building on your lot, may be subject to local zoning laws in Massachusetts. These changes typically require approval, as illustrated in an August 15, 2018 case before the Massachusetts Land Court.
The plaintiff in the case owned a large parcel of property that straddled the Massachusetts and New Hampshire state line. He had sought approval from the local planning board to divide a portion of his property into three lots. All three proposed lots were located in Massachusetts, met the minimum frontage and lot size requirements, and had frontage on a public road. The board nevertheless denied the request, finding that the proposed plan would result in the New Hampshire parcel becoming landlocked.
The plaintiff appealed the board’s decision with the Massachusetts Land Court. On appeal, the issue to be decided by the court was whether it was appropriate for the board to consider how the division of one portion of the property located in Massachusetts would affect another lot located in New Hampshire.