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MA Real Estate Law Questions and Answers

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TopicRepliesCreatedLast replysort icon
Should we amend condominium master deed or dissolve condominium?
In 2009 my husband and I bought a condo on Cape Cod. The condominium was comprised of two units, each one a stand-alone cottage. Each unit had: ph...
0 4 days 6 hours ago
by SueSue
Land Fill
I have a neighbor that is building up a pile of dirt along my property line. It is close enough to my property that when he adds dirt, it overflows i...
1 2 weeks 3 days ago
by Ticojon
4 days 9 hours ago
by dmowens
definition of agent
My non-profit Community Land Trust is involved in selling a house for a lessee of ours who is now on the west coast. We own the land and the homeowner...
0 4 days 15 hours ago
by alladd
New condo association bylaw
Hi. I own one unit in a 4 unit condo assocaition in Lynn. I bought the unit in 1996 and lived in it for 8 yrs before renting it out to other peopl...
1 1 week 1 day ago
by webber123
1 week 1 day ago
by dmowens
Noise in Commercial Area
Hi, Basically I own a constuction business and our office/warehouse is in a commercial zoned area. We start running machinery from 5:00am onwards. ...
0 3 weeks 1 day ago
by Baffleboard
Seller Breach of P/S - Offer Letter
I recently put an offer on a home which included a 2nd lot as an additional negotiation as noted on the MLS listing. The price was agreed and signed b...
1 3 weeks 3 days ago
by BerkleyBuyer
3 weeks 1 day ago
by chrisvm
options to force sale of property
other than partitioning to force sale of property, are there any other options that are not as costly or time consuming? What about civil court? They...
1 4 weeks 1 day ago
by 123ABC
4 weeks 14 hours ago
by chrisvm
Back door apartment key
I just moved in to a new apartment and learned that per "owner policy" we will not be given a key to the back door to our individual apartment. It is ...
0 4 weeks 2 days ago
by hubbs
Move out charges
I recently contacted the management office and asked them if it was okay to leave my perfectly working refrigerator when I moved out of my apt. I was ...
0 4 weeks 3 days ago
by Mrs. Robinson
petition a partition
My mother was trying to sell a house that she owns with her two sisters. The deal was about to go through, but one of her sisters wouldn't sign the ag...
1 5 weeks 4 days ago
by gpage09
5 weeks 3 days ago
by chrisvm
Condo manager property neglect and other
I am an owner of a condo in a converted Victorian with 4 units. The person running the association has no idea what they are doing. We never have cond...
0 5 weeks 4 days ago
by freedo3884
joint tenancy
We have a question about a joint tenancy. We have a client who obtained two parcels of property via a single deed from his parents. The property was...
1 6 weeks 3 days ago
by Mclaw
6 weeks 2 days ago
by chrisvm
joint tenancy homeowner rights
My daughter and I purchased a two-family home 8 years ago. Our deed is for joint tenancy. My daughter shares the home with her son and son's father....
1 7 weeks 14 hours ago
by findbren
6 weeks 4 days ago
by chrisvm
disgruntled renter
I own commercial property and one of my renters I just evicted due to non payment. He has written erroneous information to all of my current renters a...
0 7 weeks 1 day ago
by sascerra
Response to Petition for Partition
I received notice of a court summons regarding a Petition for Partition filed against me for the sale of the home i jointly own. I am required to file...
3 7 weeks 2 days ago
by PA9545a
7 weeks 1 day ago
by Attorney Appleyard
security deposits - weekly summer rental
I have read the information regarding security deposits. I will be a landlord for the first time this summer renting weekly a beach property. I wil...
2 6 years 38 weeks ago
by danielparisi
7 weeks 2 days ago
by mtru10
Tenants making repairs
Hello, Does a landlord need to give the tenant a chance to make repairs himself before deducting money from the security deposit to hire his own cont...
1 7 weeks 3 days ago
by ccmproducts
7 weeks 2 days ago
by chrisvm
Transfer of security deposit/last month's rent during home sale
Hi Everyone, I'm in serious need of guidance, thanks in advance for your help. Also, before I go on, I'd just would like to note that I have only e...
0 7 weeks 3 days ago
by siamesedream83
Land Dispute
We have owned our home (circa 1740) since 1975 which is on a parcel of land that is just shy of an acre. At the time the property was purchased it wa...
2 8 weeks 4 days ago
by Gardner
8 weeks 4 days ago
by Robert Nislick
Condo Association
My sister just purchase a townhouse (condo) the only other owner beside her, is harassing her. Day 1 she called the police because we moved the temp ...
0 9 weeks 2 days ago
by aliceelderkin
Take back my land
Hello there, About in 1978, my neighbor lost his ("this")house to the bank ("force closure"). After few years,the bank sold this house to someone (...
0 10 weeks 22 hours ago
by Kim Lynn
real estate owned by joint tenants
Can one of the joint tenants of real estate compel the sale of the property?
2 10 weeks 3 days ago
by Gymmm
10 weeks 2 days ago
by Boston Probate ...
Backing out of signed P&S for house still not yet bulit
We have signed P & S for a new construction home which is yet to be built, and we realized that the location is not that great. At that time of signin...
0 10 weeks 5 days ago
by kimi
Condo Trustee action
I am a purchaser of a new condo in a 28 unit building. On the first day of my ownership, I observed ants and swarming activity by an exterior door. ...
1 12 weeks 4 days ago
by DorisHSchultz
12 weeks 1 day ago
by Robert Nislick
Builder/Developer not meeting closing dates
I signed a purchase and sale agreement in April with a closing date of ON OR BEFORE JULY 31, 2015. I am purchasing a new condo which is currently bei...
1 12 weeks 3 days ago
by tryingtomove
12 weeks 2 days ago
by Boston Probate ...
Move in/move out fee
My condo association (4 Trustees, 18 owners) instituted a move in/move out fee and keeps increasing it without actually spending the money on the issu...
0 12 weeks 3 days ago
by Lisa Plante
Signed lease lost before co-signed; landlord wants to rent to new tenants with only 23 days notice
My friend and I have been living at this apartment for 11 months now. We just recently re-signed our lease. However, it needed cosigning by both fam...
0 12 weeks 3 days ago
by MAtenants
Construction in Apartment threatening safety of tenants
Hi, I am living in a duplex apartment under a lease agreement. The apartment was recently purchased by a contractor. They assured me the constructi...
1 13 weeks 2 days ago
by mbania
12 weeks 4 days ago
by Robert Nislick
Ma Real Estate Law
The situation is a piece of property owned jointly and equally by four siblings. One of the four has lived there for 20 years and intends to continue...
1 13 weeks 3 days ago
by toddhem
12 weeks 5 days ago
by Boston Probate ...
utilites digging on private roads
I live on a private road in Gloucester Mass. Apparently I own the underground power cable that goes from house crosses the road and connects to the tr...
0 13 weeks 11 hours ago
by stevebb
Private property and no trespassing signs
Recently my neighbors who are new to the neighborhood have posted Private Property / No Trespassing signs along the borders. On their side of the prop...
1 14 weeks 6 days ago
by windgoo
13 weeks 6 days ago
by Robert Nislick
smoking neighbor in multi-unit apartment
My wife is 9 months pregnant and the tenant below me is a smoker. The smoke enters the apartment through our A/C vents and through our windows. Is thi...
1 14 weeks 5 days ago
by prevolutions3603
13 weeks 6 days ago
by Robert Nislick
Purchase and Sale Seller Breach
I have a P&S to purchase a home with a closing date of July 31st. The seller has yet to perform the Title V inspection. I can't secure the mortgage ...
1 14 weeks 1 day ago
by jhanrahan895
14 weeks 1 day ago
by chrisvm
Private way
We have a large ugly barn and garage in our neighborhood and we recently found out that the structures overlap onto the paper street. Over many years ...
0 16 weeks 1 day ago
by berardi
Lease Breakage/Re-renting Costs/Snow Removal
I had a tenant break his lease. I found a new tenant but prior to the new tenant moving in (and when the previous tenant was still under contract) the...
0 17 weeks 4 days ago
by delish68
Boston rubber membrane roof question
Our condo association, a 4 unit triple decker in Boston, is looking at roof repair following the historic winter. We have now received conflicting inf...
0 20 weeks 2 days ago
by jprepo1
Is it illegal to pre-pay rent in MA?
Hi, I have a unique situation. I live in an apartment currently with a roommate. He will be moving out, but I need to stay for an additional 6 mont...
0 20 weeks 4 days ago
by Lotus2011
Seller Misrepresentation on Number of Bedrooms
A local selling agent recently listed a property on the MLS as a four bedroom home. We submitted a very aggressive over asking offer (there were mult...
0 20 weeks 5 days ago
by khaley37
Expense of Maintaining a private road off of which is an driveway to a property with an wasement
Our condo association has a private entrance road (we maintain/plow/repair it). The property on the corner of the town road and our driveway and was ...
0 21 weeks 2 days ago
Hi. There is an apartment that shares a driveway with my business. Our driveway is narrow and allows 3 cars to park alongside the building. My ne...
1 23 weeks 5 days ago
by Mia11
21 weeks 3 days ago
by Robert Nislick
right of way
I own a home that has a right of way. I must grant my neighbor the right of way to pass over to their parking spot on their land. Our family visit and...
0 21 weeks 4 days ago
by robbco9
Adverse possession and registered land
I can claim adverse possession back to 1979 on a small space of my backyard enclosed with a fence since that time, but now told it cannot apply due to...
0 21 weeks 5 days ago
by Patty K
I have a signed lease from a new tenant before they saw the house and now want to break lease
My previous tenants had thirty days to leave the property due to lack of making rent payments. I went to inspect the house and found that the house w...
0 21 weeks 6 days ago
by jmpertuz
Condo association insurance
Our small condominium association has recently had an increase in our insurance due to the fact that some of the units are now no longer owner occupie...
0 22 weeks 3 days ago
by Capecodder
Mother passed almost 2 years ago and we are selling the house
My mother passed in June 2013 and we are just now selling the house. There is no mortgage on the house and she did not have a will. The attorney we us...
1 23 weeks 2 days ago
by jonc
22 weeks 4 days ago
by chrisvm
Seasonal Rental to a Minor
I have a cottage on Cape Cod that I rent out for approx. 3 months a year. Usually I get a group of 4-5 college kids who are working for the summer at ...
2 24 weeks 2 days ago
by wetransportflorida
24 weeks 1 day ago
by chrisvm
How do I renew a lease?
I am renting my condo to a nice couple. The fixed-term lease (with no renewal clause) expires in June 2015. My tenants indicated that they would like ...
1 24 weeks 4 days ago
by cwkslvr
24 weeks 2 days ago
by Attorney Meredi...
seller signed the p&s but asked for more money, I just had a verbal accepted offer
I have a verbal accepted offer, my agent and seller's attorney worked on the p&s. I signed and my agent took them to seller and she signed but she s...
5 25 weeks 5 days ago
by jinyinku
25 weeks 3 days ago
by jinyinku
evicting a domestic violence abuser
I have an apartment building filled with about 55 female tenants and 7 male tenants, all college students. The building has a reputation of being clea...
1 26 weeks 2 hours ago
by dylan6116
25 weeks 6 days ago
by chrisvm
Verbal Acceptance of Offer to Sell
I recently submitted an offer to buy real estate, the seller asked for my best and final, and I upped my offer a small amount. The buyer's agent resp...
1 26 weeks 3 days ago
by jsmithworks
26 weeks 2 days ago
by chrisvm
2-unit Condominium Trustee Dispute
Property is a one, 2-story residential building that was a single gut rehab converted into 2 condo units in 2011. My unit consists of the lower level...
0 26 weeks 4 days ago
by rmk79
Responsibilities and Liabilities of Homeowners on a Private Road
We are residents (9 houses access the road) on a named dirt road (Hale Place) in Medfield's town center. We have approached the town regarding the pav...
0 26 weeks 5 days ago
by Nico1328
Cambridge Condo Owner Renting Out Entire Unit on AirBnB - Legal?
We live in a condo in Cambridge Massachusetts. One condo unit owner rents out his entire unit on Airbnb when he is out of town. It is annoying tha...
0 27 weeks 2 days ago
by annoyedneighbor
Affordable Housing - assesments
My mother owns a condo unit in a 55+ association in North Reading. There are 7 affordable housing units out of 26 total units. I understand the "inter...
0 27 weeks 2 days ago
by Chooch55
who is responsibe for property damage
The other day the high winds blew my neighbors shed through my fence and into my yard. The neighbor has since removed the shed from my yard without pe...
0 27 weeks 2 days ago
by rndwilliams1
Chapter 183A.18
Our 4-unit condo is facing the need to repair/paint the exterior of the building which must be paid entirely by a special assessment to each owner. 5...
0 27 weeks 3 days ago
by ReneeB
Home inspection
Multiple structural problems were found by our inspector during the home inspection. Because of the number of problems as a buyer we decided to not g...
0 27 weeks 4 days ago
by CindyCC55
Tenants in Common Dispute
My two siblings and I are equal tenants in common of a 50% interest in several vacant land parcels with the remaining 50% interest owned by another re...
0 27 weeks 6 days ago
by Old Woods
Abutting property owner pushing snow into my yd
Abutting neighbor' who owns 3 family made his backyard into a driveway,. His backyard now a parking area for his tenants is raised 3 ft above mine. Th...
0 28 weeks 12 hours ago
by Molly4
Condo Trustee Compensation
Our trust document prohibits compensation for trustees. Our treasurer has unilaterally started writing checks to herself on a monthly basis and callin...
1 28 weeks 1 day ago
by condoman
28 weeks 13 hours ago
by Robert Nislick
What to do?
My mom past away and my step father was the only person left on the mortgage on the house that we all lived in. He is sick and unstable so he signed t...
0 28 weeks 4 days ago
by dhuard
Delinquent payments in two-unit condo
I own one unit in a two-unit condo. The other owner has left the state without informing me of her address or phone number. While there is no formal f...
1 29 weeks 3 days ago
by womeninpants
29 weeks 2 days ago
by Boston Probate ...
Purchased new construction home in Oct. Town billed us taxes due prior to purchase.
We purchased a home in October of 2013. It was a new construction home, finished sometime before we bought it. We received a call from our bank in...
0 30 weeks 3 days ago
by tdubbs
How do you evict a complicated squatter?
I have searched everywhere for help for a year now. I have a lawyer but I am not sure I'm getting the best advice or if he's just going the most expen...
2 35 weeks 6 days ago
by jadedone
31 weeks 4 hours ago
by jadedone
driveway easement
I currently own a landlocked parcel which had a deeded driveway easement which is "for the purpose of ingress and egress by foot and motor vehicle to ...
0 31 weeks 4 days ago
by nrcrash
Above Ground Pool in a Single Family rental property
Hello dear, I own a single family in MA and would like to lease it. I do NOT want the Tenant(s) to have access to the "existing above ground pool"...
1 31 weeks 6 days ago
by Habib Azar
31 weeks 5 days ago
by The Editor
Joint tenants - Parent deceased, do we remove name from deed?
My father and I are joint tenants on the deed for our family home in (Waltham MA). My father died in December 2014. I have inherited the house (no sib...
0 32 weeks 2 days ago
by waltham-house
40B housing
I want to buy a 40b condo that has the following guidelines 1 person 44,750, 2 people 51,150, 3 people 57,550, 4 people 63,900, 5 people 69,050 Hou...
1 32 weeks 3 days ago
by amandaconte
32 weeks 2 days ago
by Boston Probate ...
Neighbor townhouse abandoned
Hi, We live in a townhouse unit where we don't have a association as such. So all lawn, snow and all sort of maintenance are handled by our self. E...
1 32 weeks 5 days ago
by Townhouseowner
32 weeks 4 days ago
by Boston Probate ...
Hostile Neighbor Real Estate Question
My husband and I have a problem with an incredibly aggressive neighbor. The problem is our properties are in extremely close proximity (dwellings are...
1 33 weeks 3 days ago
by mdcherry26
33 weeks 2 days ago
by Boston Probate ...
Lease assignment
I currently have a condo in Boston leased to two tenants. One tenant wants to move out. She has found a new tenant to move in. I've done some research...
0 33 weeks 3 days ago
by hamstat
Painted Subfloors
I have lived in my home for approximately 6 years now and the carpeting has now become worn out. I have seen different posts of people that have pulle...
0 33 weeks 4 days ago
by Axmantim
Wetlands in moved easement
My family owns a large piece of land which is landlocked, save for one 20' wide 500' long easement over the lot which borders the street. This easeme...
1 34 weeks 3 days ago
by GreenBurial
34 weeks 2 days ago
by Boston Probate ...
Boyfriend Wants to Move in, Change in Lease?
Hey everyone, My two friends and I recently signed a lease for a two bedroom apartment and moved in. We signed the lease in mid December and moved ...
0 34 weeks 4 days ago
by Loasaur
Basement apartment.
It is illegal to rent an apartment in a basement with two bedrooms, alone?
0 36 weeks 6 days ago
by Blessings48
Property sold who returns last months rent
I moved into a residential property and signed a 12month lease that required I pay first and last months rent. Two months before our lease was due to ...
0 37 weeks 3 days ago
by teehanam
Questions about (possibly) breaking my lease?
Hello, I currently have been living in my apartment in Boston, MA for approx. 1 year and 8 months. My original lease was only for a year, and when ...
0 37 weeks 4 days ago
by lyrical
Parking on an Unaccepted Street
I have a question about parking on an "unaccepted" roadway, also referred to as a private way, in Massachusetts. I live directly across the street fro...
0 37 weeks 4 days ago
by StevenJ
Legal extent of misrepresentations by broker
I recently purchased a home for just over a million dollars, and I feel that certain attributes of the home were grossly misrepresented to me by my br...
1 38 weeks 4 days ago
by redandwhite1
38 weeks 4 days ago
by Boston Probate ...
Condo association wants to use my Deeded Parking Space
I own a unit with a deeded parking space in a condo complex. The condo management is making repairs to the building and is telling the owners that th...
0 39 weeks 1 day ago
by Psong2001
adverse possession
I live in Norton and purchased additional land in 2006. The abutter is a pub/bar room on a parcel of only approximately 3000 sq. ft. This business has...
1 39 weeks 4 days ago
by Robert Lee
39 weeks 4 days ago
by Boston Probate ...
HOA wants to amend Master Deed to allow them to evict
I apologize if this subject has already been addressed. A brief search of the forums did not reveal any information concerning my specific situation. ...
0 40 weeks 5 days ago
by cwkslvr
Rent to buy
30 years ago we started renting a house from my parents with the agreement that was rent to buy. We have taken care of all the upkeep and repairs over...
1 42 weeks 4 days ago
by shep1948
42 weeks 4 days ago
by Boston Probate ...
Neighbor harassment
This all started because my neighbor was trespassing on my property, dumping lawn clippings and cutting trees that were on my property. About a year a...
2 1 year 15 weeks ago
by kingston73
46 weeks 5 days ago
by kingston73
Zillow Question
One day, I met the real estate agent that was trying to SELL the unit above my condo. Knowing I was trying to RENT my condo, he asked if he could help...
0 47 weeks 4 days ago
by sallypickle
Private Street Conversion to Public Way not Disclosed
I purchased a home that is on and abuts two private roads. After buying the home I was informed by the city that one of these roads had an existing p...
0 47 weeks 6 days ago
by jennifersarah81
Boundary dispute
My neighbor has just moved the boundary stone wall between our two properties on to my property (about 3 feet). I have just had a surveyer confirm thi...
0 48 weeks 1 day ago
by talvil
Real Estate Law compensation
can a visiting broker from another state receive a finders fee or receive a commission from a real estate transaction?
0 50 weeks 1 day ago
by jim guanci
2 unit condo abandoned - who's responsible?
I purchased at auction one unit of a two-unit condominium that was abandoned by it's original owner (he owned both units). The bank foreclosed on my s...
0 50 weeks 5 days ago
by mikefasci
Can a developer change the building size requirements in restrictive covenants
Builder has changed the minimum building size in restrictive covenants reducing the size by almost 1/3. The last section in the agreement states that ...
0 51 weeks 3 days ago
by duffy
Abandonment of right of way
Is there a law in Mass that gives a time limit on NON use of a right of way ?? Someone told me that if you do not use your right of way in 9 yrs that ...
2 51 weeks 5 days ago
by cgaspari
51 weeks 5 days ago
by Robert Nislick
Co-owners of a house
I am a beneficiary of a house (40%) along with my sister and her young son. She is living in the house with her 6 children and husband. We made an...
2 1 year 3 days ago
by tom315
1 year 2 days ago
by tom315
Responsibility for landscaping bill
I purchased a house in Winchester MA (located in Middlesex County) at the end of May 2014. Last week the previous owner forwarded me a bill for lan...
0 1 year 5 days ago
by dh37
Back rent owed to new owner after sale of building?
My building where I reside was recently sold. I owe back rent to the previous owner. I was given an eviction notice for the back rent from the new own...
0 1 year 1 week ago
by peiharkness
Challenging a rule that restricts the rental of Condo Units
Our Condo Association’s Deed contains a vague rule allowing the Trustees to restrict rentals. However, the details of the rule and how it is adminis...
0 1 year 1 week ago
by RER
Legal Basis to Sue Home Seller
My boyfriend and I purchased a home in Massachusetts in late July of this year. All of findings during the home inspection prior to closing were alleg...
1 1 year 2 weeks ago
by Smpower0504
1 year 2 weeks ago
by The Editor
Condo Insurance Law
Hello, I recently purchased a condo that suffered prior fire damage. A neighboring condo unit owner started the fire (I believe it was inproper usage/...
0 1 year 3 weeks ago
by Rob02184
Use of land for well easement
The property I own has three wells on it two are shared and two have easements. I share a well with one neighbor there is another well that my neighbo...
0 1 year 5 weeks ago
by brandylynn
Forming an HOA
I live in an established neighborhood with 5 homes and a shared private road. What is the process for forming an HOA in Middlesex county ?
0 1 year 6 weeks ago
Neighbor destroying roots of my tree
Someone just recently bought my neighbor house and he is currently having a reconstruction on the house. I have a tree which is very close to the prop...
0 1 year 6 weeks ago
by nodyerno123

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