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MA Real Estate Law Questions and Answers

Topic	Replies	Created	Last reply
Taking video of MA apartment to show potential tenants or buyers My landlord is selling the building and a prospective buyer is coming to view the apartments. This person wants to take video of the apartments includ...	2	1 day 10 hours ago by flowerchild	11 hours 3 min ago by flowerchild
breaking lease in MA while on section 8 Hi I'm on section 8 in Massachusetts and broke my lease due to needing to relocate to help assist with a parent who fell I'll. I sent my 30 day notice...	1	3 days 14 hours ago by cup11	3 days 8 hours ago by The Editor
misrepresentation of property line by MA real estate agent I recently purchased a house and when i looked at the house the sellers agent showed us the property lines and walked the land with us. After going th...	2	3 weeks 1 day ago by homes1	4 days 5 hours ago by jonasjacobson
who owns what on private ways in MA? My question is does each owner of a private way own out to the middle of the street or do all neighbors own the street collectively. We do not pay tax...	1	4 days 7 hours ago by capell	4 days 5 hours ago by jonasjacobson
Landlord construction onsingle family house I moved in last Sept and landlord daughter lived next door. Her husband was "away on business" and I paid my rent on time and never had a issue. Well,...	1	2 weeks 23 hours ago by jeffbiologist	2 weeks 15 hours ago by admin
Vacation rental on Cape Cod Massachusetts My wife and I had signed a rental agreement for a week in the Cape Cod area last year for August 2013. Due to my wife's employer indicating any vacati...	2	4 weeks 11 hours ago by WVWanderer	3 weeks 6 days ago by WVWanderer
Condo Bylaws and MA State Law re renting units At a recent Condo Assoc. meeting an owner wanted to rent his condo for the weekend which is in violation on the condo bylaws. The bylaws restrict rent...	1	4 weeks 4 days ago by John Johnson	4 weeks 3 days ago by The Editor
Cannot sell my condos because I own more than 10% of units The current Fannie Mae, Freddie Mac, and FHA, condominium regulations will not back loans for a condo if one owner in the condominium owns more than 1...	1	6 weeks 3 days ago by mnjg	4 weeks 4 days ago by TheLawyerKnows
MA Condo Association not making repairs to common area damage to individual unit I have owned my condominium for 20 years and have had water problems causing damage to my ceiling for 19 years. Over the years the association has mad...	1	4 weeks 5 days ago by gail53	4 weeks 5 days ago by The Editor
Massachusetts Condominium Trustee renting unit should resign? I am a trustee of a condominium association. One of the trustees rents out his unit and no longer lives here. Just recently he put his unit up for sal...	1	4 weeks 5 days ago by lef2011	4 weeks 5 days ago by The Editor
Extinguish Condominium View Easement My condo has a perpetual view easement over the land of an abutter. The condo board would like to extinguish the easement. Do they have the power to...	0	6 weeks 3 days ago by Freethinker62	n/a
Condominium Trustees inspecting toilettes & Right of access Recently the board of trustees and managing agent informed all unit owners that due to high water usage all units must be inspected by a plumber on a ...	1	8 weeks 4 days ago by lef2011	7 weeks 4 days ago by TheLawyerKnows
Must an increase in Condo Fees be recorded at registry in MA? I own a Condominium in Massachusetts and several years ago my Condo fee was raised by a letter from the Trustees. I am fine with the condo fee amount ...	1	7 weeks 5 days ago by John Kimbell	7 weeks 4 days ago by TheLawyerKnows
House septic misrepresentation and sold without title 5 inspection We just purchased a home back in June of 2012 from HUD. This house was listed and represented as a Town Sewer. Turns out it is Septic. We did have an ...	1	9 weeks 11 hours ago by leightsu2	8 weeks 6 days ago by The Editor
Removal of shared fence under Massachusetts law The Town recently removed the 8 foot tall chain link fence, almost 1000' feet long, between our land and the school next door. This fence has been in ...	1	9 weeks 2 days ago by Elvad	9 weeks 1 day ago by The Editor
Who owns shared fence now under MA law? Eight years ago, my parents and neighbor split the cost of a fence which is on my parent's property. MY parents then sold their house. The new owner a...	3	26 weeks 5 days ago by Camster56	9 weeks 1 day ago by The Editor
notice from tenant to vacate property My tenant is on a month to month lease. The rent is due the first of every month. I received a notice from my tenant stating that they are going to va...	3	47 weeks 5 days ago by jcam	10 weeks 6 days ago by admin
Return of last month's rent in Massachusetts My son needed to move out of his apartment before the term was finished. He had paid last month rent and security deposit--never late on a rent paymen...	4	11 weeks 2 days ago by Gen MacKenzie	11 weeks 12 hours ago by admin
Trying to Avoid a Law Suit I am not a licensed sales agent. I used to be, but my license expired. I am now a full time, w-2 employee of a company where my boss has a inactive...	1	12 weeks 1 day ago by whattodo	11 weeks 1 day ago by TheLawyerKnows
Please help need condominium law help I purchased a condominium in Essex county in 2005. The other day I had an electrician installing a new light in the ceiling and he said to me "do you ...	1	11 weeks 5 days ago by lef2011	11 weeks 2 days ago by TheLawyerKnows
Landlord not paying water/sewer and keeping security deposit I recently moved out of an apartment that I lived in for 3 years in Brigham Circle. The first year I lived there with my boyfriend (shared a room) and...	1	11 weeks 3 days ago by kn	11 weeks 2 days ago by admin
Selling Home need to evict tenant in MA Hi, My husband and I own a home in Massachusetts. The tenant in the home has a MONTH TO MONTH WRITTEN LEASE. He has been living there for aprox. 2 yea...	1	12 weeks 2 days ago by mloosh	12 weeks 2 days ago by The Editor
Is the seller responsible for repairs on work they did? I moved into my new home 2 weeks ago and in the first week we had a water pipe break. The break occured when we lost power during a snow storm. Our ...	1	13 weeks 4 days ago by mlawson25	13 weeks 4 days ago by Kevin Gaughen Sr.
Easement by prescription I represent a group of property owners and local residents who have been using a private road to access the beach for well over 20 years. A new prope...	1	13 weeks 4 days ago by Suzanne korf	13 weeks 4 days ago by The Editor
40B condo unit fees At present, our Association has 4 40B units in our complex. They pay a much lower condo fee than the other 12 units. Just came accross an article th...	1	15 weeks 5 days ago by oaker	15 weeks 4 days ago by admin
Condo Improvement do I need to pay We have a 3 unit condo association. Two units, owning 62.5%, hooked up to the sewer when it came down our street this past fall. I own 37.5% and voted...	1	16 weeks 3 days ago by endofcape	15 weeks 6 days ago by TheLawyerKnows
Massachusetts Business Property Change hands If a property that a business is on changes ownership (in family to the current management of the business) does the building need to come up to code?...	1	19 weeks 3 days ago by Green Giant	19 weeks 10 hours ago by TheLawyerKnows
Unsold condo units being rented We bought our townhouse 5 years ago. Since then no other units have been purchased. The owner of the property started renting a couple units rather ...	1	19 weeks 6 days ago by Cpauger	19 weeks 10 hours ago by TheLawyerKnows
Condominium association duty to repair sewage backup We currently live in a 13 unit townhouse complex. Two units, including ours, are owner occupied, two are bank owned foreclosures, and all but one rema...	1	19 weeks 5 days ago by Cpauger	19 weeks 5 days ago by The Editor
Property line between condos I live in a condo unit in a two.unit building. Neighbor in 2 unit condo in next building believes the property line on the plot plan of the developer ...	2	20 weeks 3 days ago by 4isorr	20 weeks 2 days ago by 4isorr
Deed Of Trust or Mortgage Agreement under MA law In Massachusetts, is a Deed of Trust used to secure a private loan or is there another form to use? I am getting conflicting information from Rocket L...	1	21 weeks 1 day ago by chalawan	21 weeks 5 hours ago by TheLawyerKnows
Will Condo Docs need to be rewritten or amended? Hello I am 50% owner of a 2 Unit Condo. Since purchasing my condo there is a new owner to the other unit. The original condo docs (Declaration of Tr...	1	34 weeks 2 days ago by H20Chauncey	21 weeks 6 days ago by TheLawyerKnows
Procedure for condo boards to change or amend rules in MA I have been a trustee for 5 years, and we have had our condo for just over 8 years. There has never been a vote, for any election. All members were bo...	1	23 weeks 2 days ago by roger136913	21 weeks 6 days ago by TheLawyerKnows
Home Estate Planning Tool? My parents 2007 life estate needed correcting and clarifications.For example:That 2007 document's ownership was interpreted differently.One way was,I ...	1	22 weeks 2 days ago by middle-aged	22 weeks 2 days ago by The Editor
Can Chapter 40B units be change to equal ownership in the Master Deed? Hello, I purchase a 40B condo in a new development in 2006. We have 3 40B units with approximatley 4.8% ownership and all others have about 9% owner...	1	29 weeks 3 days ago by Denise C	22 weeks 5 days ago by jonasjacobson
Do Condo Trustees in MA have the right to hire a lawyer If a trustee might be breaking a condo rule does a trustee have the right to have a lawyer paid for out of condo fees? It stats in the by-laws a trust...	3	23 weeks 1 day ago by roger136913	23 weeks 1 day ago by admin
Responsibility of MA condo association plumbing repairs Hello, new to the site but from reading others questions and answers I'm anxious to post. My fiance and I moved into a condo in MA in August of 2012, ...	1	23 weeks 4 days ago by marinabaySA	23 weeks 4 days ago by The Editor
Who is responsible for Condo Skylight Repair under MA law? We're a 4 unit association in the South End & have had two roofing projects completed to deal with various water leaks from the top down. There is...	3	25 weeks 2 days ago by robertz120	25 weeks 1 day ago by TheLawyerKnows
Weak HOA. What can be done to help? Hi, The condo I lived in consist of 2 building with 30 units. It comes to a point where about 50% of the units are rented out. I feel that the tr...	2	29 weeks 2 days ago by peterw617	26 weeks 4 days ago by peterw617
Fallen trees Due to the recent storm, two trees fell on my property. It was my belief that the trees belonged to my neighbor and I expressed this to him. He hired ...	7	27 weeks 7 hours ago by lvella	26 weeks 6 days ago by lvella
Can a MA homeowner's association revoke members' voting rights? My homeowner's association is trying to revoke the voting rights of members in arrears. I'm current, but we are all only one car accident away from a ...	1	27 weeks 1 day ago by mschwa1967	27 weeks 1 day ago by TheLawyerKnows
Received notice to quit, can I reinstate tenancy? I have resided in an apartment in a 3 family home for almost 10 years. In late August I was notified from the owner that they sold the house to a prop...	1	27 weeks 3 days ago by rgriff	27 weeks 2 days ago by admin
Withholding rent from Landlord while violating lease. So I live in a house in District 14 of Boston. My roommates are considering withholding rent from our landlord as he has not replaced the locks on our...	1	27 weeks 4 days ago by TonySeal	27 weeks 4 days ago by admin
Condo ownership percentage I have a question about Condo laws. My Condo association consists of 3 units. one with 54% interest and 2 each with 23% interest in the common areas....	1	33 weeks 2 days ago by appletonst	31 weeks 2 days ago by TheLawyerKnows
Can my neighbor fill in a ditch that would cause my property to flood? I have been maintaining a drainage ditch that existed long before we bought our house 13 years ago. Without regular clean out my back yard floods ever...	1	33 weeks 1 day ago by Ditched	33 weeks 1 day ago by The Editor
Home inspector quoting repair costs? Hi, We are selling our home and got an offer on it. Our real estate agent let the perspective buyer know that the house needs new windows. On the h...	1	33 weeks 3 days ago by Wbfdlt	33 weeks 2 days ago by The Editor
What rights do the public have to private roads I live in a small closed neighborhood, where all the roads are private. We do not have a gatehouse. Recently, an very unkempt person with obvious psyc...	1	33 weeks 5 days ago by capeartist	33 weeks 3 days ago by TheLawyerKnows
Condo deeded parking-property line in june moved into a 6 unit building with assigned parking. the spots are side by side, and 2 spots at the far right do not belong to my building, an...	0	34 weeks 3 days ago by annamal00	n/a
Foreclosure of liens on personalty Hi all, I recently ran across a law ["O.C.G.A. 44-14-550"] that is from the Georgia code, and it pertains to what I am trying to do here in Massach...	0	35 weeks 3 days ago by moorish_council7	n/a
Mold in our "new" house We just bought a house at the beginning of August. The sellers moved out in May and there was a lot of work done in that time frame by contractors thr...	1	36 weeks 1 day ago by zippy353	35 weeks 6 days ago by TheLawyerKnows
Is a real estate buyer required to have a broker? I have always made offers on real estate without a broker, and often I can negotiate the price down based on the fact that the seller's broker will no...	1	1 year 2 weeks ago by LarsErickson	36 weeks 4 days ago by TheLawyerKnows
Too many condo units rentals, can we change something? I live in a 12 unit condo building. The original owner of all 12 units never sold the basement 4 units and has them as rental units. This is making it...	1	38 weeks 2 days ago by lola8	36 weeks 6 days ago by TheLawyerKnows
Refinancing Do I need a lawyer when refinancing my home mortgage?	2	37 weeks 2 days ago by kapuzjr	37 weeks 1 day ago by The Editor
Expensive Roof, Board taking advantage of residence I really need some helpful advice! I moved into my condo 6 months ago but was never informed of the new roofs the association planned on fixing until...	0	37 weeks 6 days ago by jess5312003	n/a
Condominium Association and use of common areas Can the board of directors of a small condominium association (21 unit owners) permit adjacent landowners to come across the common element property t...	7	1 year 2 weeks ago by ataraj	38 weeks 3 days ago by hunted
Purchase and sale agreements favor buyer or seller? Hi and thanks for providing this forum. My wife and I are looking to purchase our first home. We almost purchased a condominium unit in Massachusett...	1	41 weeks 4 days ago by David Bell	41 weeks 4 days ago by The Editor
Condo Rules Waiver Right now my condo board is fining me for unapproved modifications that were made nearly two years ago. I read on another site that there is such thin...	1	43 weeks 5 days ago by condohelp1234	43 weeks 4 days ago by The Editor
Tall Bushes Obstruct View When Leaving Driveway My neighbor has planted bushes next to my driveway that run from the sidewalk back to the front of his house. They have gotten so tall that when I am...	1	45 weeks 7 hours ago by coaster	45 weeks 6 hours ago by The Editor
Email as a binding contract in Massachusetts A fascinating opinion dealing with email communications in real estate negotiations came out of one of our Superior courts recently. In Feldberg...	0	45 weeks 2 days ago by The Editor	n/a
Exemptions to homestead law and condominium association dues Hello, Can a condo association seize a condo for unpaid condo fees if the condo in question is homesteaded? Thank you	1	45 weeks 3 days ago by jharold	45 weeks 3 days ago by The Editor
Do condominium owners have to pay for improvements? A group of residents at our condominium (we have 25 units) are talking about putting in a tennis court and they are acting as though they can do it an...	2	3 years 47 weeks ago by Jose81	45 weeks 6 days ago by billweez
Illegal spite fence Hello. My neighbor and I have been going at it like the Hatfields and the McCoys for over five years now, since the day I moved in next door with my ...	1	47 weeks 1 day ago by Madneighbor9	46 weeks 6 days ago by The Editor
Buying foreclosed home on affordable housing land Hi, I have been in the process of purchasing a foreclosed home since the beginning of May. Everything went smoothly until about a week before the...	0	47 weeks 1 day ago by Chip15	n/a
Town land abuts my property I recently bought a home. I was told that the land to the left of my property was known as a "paper" street and is town property and is mostly wooded ...	2	48 weeks 4 days ago by Jmarine311	48 weeks 4 days ago by Jmarine311
Can I purchase or rent part of condo common area basement? We are in need of more space and are considering using part of the unfinished basement common area in our 6 unit condo building. Option 1: We buy ...	1	49 weeks 1 day ago by snoonan	49 weeks 14 hours ago by The Editor
Use of common areas Hello, I am the head of a condo association comprised of 2 units in a single building. Our basement is officially designated as a "common area" in ou...	1	50 weeks 14 hours ago by LisaF	50 weeks 13 hours ago by admin
Adverse Possession I purchased my home 12/11/1978. When I bought the property the sloped land on the right of my house.I maintained, mowed the grass, planted, cut trees ...	1	50 weeks 2 days ago by homeowner1	50 weeks 2 days ago by The Editor
Variance in Massachusetts Hi. I need to build an addition to my house to accommodate more children but the only place that I can put the addition, because of some nearby wet...	1	50 weeks 3 days ago by JimDG	50 weeks 3 days ago by The Editor
Very odd/strange deed-rider clause dependent on Jenna Bush I was reading the standard deed rider for the Boston Inclusionary Development Program (IDP) and found this odd clause (below) dependent on the deaths ...	0	51 weeks 3 days ago by nearly_blind	n/a
Inspector missed EVERYTHING! My mother bought her first home in 2009, we were looking at mild fixer-uppers because that was the best her budget could afford. Long story short is t...	1	52 weeks 1 hour ago by Ih8existence	51 weeks 6 days ago by The Editor
HOA dispute over Roof Deck Here's the facts: condo building consisting of 3 units converted in 2002. A year or so goes by and one of the unit owners builds a patio deck on top o...	1	1 year 1 day ago by rhenryscott	1 year 5 hours ago by The Editor
Probate judgement We have been awarded a $200,000 judgement in a probate matter that has gone on for years. The execeutor of my mother's estate has been found to owe my...	1	1 year 5 days ago by massconfusion27	1 year 4 days ago by The Editor
Parking space repainted, my spot moved Recently our parking lot for a 30 unit townhouse complex got repaved . Before the repavement started there was a proposal by the board to move some of...	0	1 year 5 days ago by Bitterbal	n/a
adverse possession against government or city My house has a very small corner of it that sits on town property. It has been there continuously for over 100 years. Does prescriptive easement apply...	1	1 year 1 week ago by nancyanthony55	1 year 1 week ago by admin
Post Closing Issues Question Hello! We moved into our new house almost two weeks ago. The sellers disclosed that in their 15 years living there they only had three basement water ...	2	1 year 3 weeks ago by napoleon1815	1 year 2 weeks ago by napoleon1815
Obtaining MA real estate license with felony convictions Recently I took the 40-hour pre-licensure MA real estate sales course and would like to get my real estate license. However, several years ago I was ...	0	1 year 2 weeks ago by bostong79	n/a
Petition to Partition My sister and I inherited my mother's house. My sister wanted to sell, but I didn't. She filed a Petition to Partition. The case was heard by a judge ...	1	1 year 3 weeks ago by meanders3	1 year 3 weeks ago by admin
Overcharging of Condo Fees I live in a condo complex in Norwood, MA. Back in the beginning of 2010, the Board of Trustee raised our condo fees by 4% but when we received our ind...	0	1 year 3 weeks ago by FedUpCondoOwner	n/a
lot line dispute My neighbor and I are disputing our shared lot line. We know our survey is correct yet he feels his is correct as well. Is that possible? and if so,...	4	1 year 28 weeks ago by MA-41	1 year 4 weeks ago by Molly4
Landlord and tenant want to break lease Hello, after doing battle with my landlord for three months about code violations in the apartment, she has agreed to let me get out of the lease even...	1	1 year 4 weeks ago by Brightlight	1 year 4 weeks ago by The Editor
Disputed property line, Massachusetts property I have a little dispute about my property line. My neighbor recently had a survey done because he's planning on making a large addition to his house a...	4	1 year 10 weeks ago by Chucker	1 year 5 weeks ago by jamesdecoulos
How long can the closing attorney hold onto the funds before distribution to seller? My property was sold two weeks ago and the attorney handling the closing for the bank has not yet released the distribution. The property was joinly ...	1	1 year 6 weeks ago by frustratedseller	1 year 6 weeks ago by jamesdecoulos
Backing out of signed P&S... We are a little over a week from closing on a house and we want to back out of the P&S. As I understand it, the loss of the 5% down is the only penalt...	1	1 year 6 weeks ago by napoleon1815	1 year 6 weeks ago by The Editor
Can a person who is not on the title or the deed approve changes/modifications to a property? Can my soon to be ex-wife, who is not on the title or deed to the property approve changes to the property. For example, can she allow the neighbors t...	0	1 year 6 weeks ago by michael123	n/a
Ownership Under Nominee Trust My father and mother established a nominee real estate trust, giving my mother a life estate and naming me as remainder beneficiary. My father, the t...	1	1 year 6 weeks ago by wnymary	1 year 6 weeks ago by jamesdecoulos
Petition to partition I own a two family house with another family member. We both live in the house. They want to move and we are not in a financial position right now to ...	3	1 year 7 weeks ago by Angry man	1 year 7 weeks ago by admin
Adverse possession of land declared Urban Wild I have 2 issues: #1 30(+) years ago my parents built a wooden deck at the end of their property. The deck is NOT attached to the house. At the t...	3	1 year 8 weeks ago by pkh	1 year 7 weeks ago by jamesdecoulos
Adverse Possession of lawn? We have lived in our home for 16 1/2 yrs. Prior to that the previous owners had the home for 2 1/2-3 yrs. Our lawn abuts woods that belongs to the h...	1	1 year 8 weeks ago by J.J.	1 year 7 weeks ago by The Editor
Broom clean or swept before purchase of condominium I am in the process of purchasing a Condo in Boston, MA and I am wondering if there is any law around the seller cleaning/touching up normal wear and ...	1	1 year 8 weeks ago by Alexp	1 year 8 weeks ago by The Editor
Can I trespass on neighbor's property to make repairs? I need to make some repairs to my windows but my neighbor won't let me. Is there any law in MA that allows me to go on my neighbor's land (trespass, ...	5	3 years 36 weeks ago by DickL	1 year 8 weeks ago by admin
Right of first refusal in Massachusetts I'm considering buying a home in Massachusetts that is subject to a right of first refusal in favor of the former husband. The buyer was married to t...	1	1 year 9 weeks ago by Groen	1 year 9 weeks ago by The Editor
legal basis for breaking a lease My current living situation: Two of the tenants that where there when I moved in decided to move out at the end of August, the landlord choose who mov...	0	1 year 11 weeks ago by nash.h	n/a
"Private Property" sign ? A "No trespassing" sign has a clear meaning, but what legal meaning/effect does a "Private Property" sign have? Recently "Private Property" signs wer...	3	4 years 4 weeks ago by Anonymous	1 year 12 weeks ago by admin
Tenant violating condo association rules Hello, I am renting my condo to a couple who has a dog. They have twice allowed the dog to "do it's business" on the property and have not cleaned i...	1	1 year 12 weeks ago by mnmMA	1 year 12 weeks ago by The Editor
Unoccupied property next door - What are the options? The house next to mine has been unoccupied for more than 30 years, is boarded up and the property is completely unmaintained. There is recent sign of ...	1	1 year 12 weeks ago by bobwat34	1 year 12 weeks ago by The Editor
Verbal offers for real estate in Massachusetts I read on a real estate blog that it's OK in Massachusetts to have verbal offers and counter-offers to purchase a house. I'm confused by this because...	1	1 year 12 weeks ago by Connie4	1 year 12 weeks ago by The Editor
Condominium roof question I live in a Cambridge condo (old building, circa 1890s) and my association recently learned that the developer who renovated our building in 2005 inst...	2	1 year 13 weeks ago by Thaddeus	1 year 13 weeks ago by admin
Amenity use fee for lessee in Massachusetts Is it legal in Massachusetts for landlords or owners of large apartment complexes to charge amenity fees for things like using the gym or the pool. I...	1	1 year 14 weeks ago by Blong	1 year 14 weeks ago by The Editor
offer to purchase additional terms with estate sale Hi everybody. I am trying to make an offer on a house, which is an estate sale. As I understand, the executor of the will has a duty to accept the ...	0	1 year 15 weeks ago by ilya980	n/a
Title vs deed When my husband and I purchased our house 20 years ago - our deed states that it was as Tenants by the Entirety. Several refinances later it appear...	1	1 year 15 weeks ago by donnap60	1 year 15 weeks ago by The Editor