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MA Real Estate Law Questions and Answers

Welcome to our Massachusetts Real Estate Law Forum.  Feel free to post questions, answers, or comments about purchases, sales, condominiums and other MA real estate law issues.  If you need professional legal advice, please use our Attorney Directory to find a MA real estate attorney.

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TopicRepliesCreatedLast replysort icon
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 4 days 2 hours ago
by annoyedneighbor
n/a
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 4 days 13 hours ago
by Chooch55
n/a
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 4 days 16 hours ago
by rndwilliams1
n/a
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 5 days 10 hours ago
by ReneeB
n/a
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 6 days 8 hours ago
by CindyCC55
n/a
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 1 week 1 day ago
by Old Woods
n/a
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 1 week 2 days ago
by Molly4
n/a
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 1 week 3 days ago
by condoman
1 week 2 days 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 1 week 6 days ago
by dhuard
n/a
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 2 weeks 5 days ago
by womeninpants
2 weeks 4 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 3 weeks 5 days ago
by tdubbs
n/a
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 9 weeks 1 day ago
by jadedone
4 weeks 2 days 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 4 weeks 6 days ago
by nrcrash
n/a
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 5 weeks 2 days ago
by Habib Azar
5 weeks 12 hours 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 5 weeks 4 days ago
by waltham-house
n/a
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 5 weeks 5 days ago
by amandaconte
5 weeks 4 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 6 weeks 7 hours ago
by Townhouseowner
5 weeks 6 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 6 weeks 5 days ago
by mdcherry26
6 weeks 4 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 6 weeks 5 days ago
by hamstat
n/a
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 6 weeks 6 days ago
by Axmantim
n/a
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 7 weeks 5 days ago
by GreenBurial
7 weeks 4 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 7 weeks 6 days ago
by Loasaur
n/a
Basement apartment.
It is illegal to rent an apartment in a basement with two bedrooms, alone?
0 10 weeks 1 day ago
by Blessings48
n/a
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 10 weeks 5 days ago
by teehanam
n/a
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 10 weeks 6 days ago
by lyrical
n/a
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 10 weeks 6 days ago
by StevenJ
n/a
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 11 weeks 6 days ago
by redandwhite1
11 weeks 6 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 12 weeks 3 days ago
by Psong2001
n/a
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 12 weeks 6 days ago
by Robert Lee
12 weeks 6 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 14 weeks 1 day ago
by cwkslvr
n/a
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 15 weeks 6 days ago
by shep1948
15 weeks 6 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 41 weeks 16 hours ago
by kingston73
20 weeks 4 hours 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 20 weeks 6 days ago
by sallypickle
n/a
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 21 weeks 1 day ago
by jennifersarah81
n/a
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 21 weeks 3 days ago
by talvil
n/a
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 23 weeks 3 days ago
by jim guanci
n/a
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 24 weeks 10 hours ago
by mikefasci
n/a
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 24 weeks 5 days ago
by duffy
n/a
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 25 weeks 15 hours ago
by cgaspari
25 weeks 13 hours 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 25 weeks 6 days ago
by tom315
25 weeks 5 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 26 weeks 1 day ago
by dh37
n/a
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 26 weeks 5 days ago
by peiharkness
n/a
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 27 weeks 2 days ago
by RER
n/a
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 28 weeks 2 days ago
by Smpower0504
28 weeks 1 day 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 29 weeks 1 day ago
by Rob02184
n/a
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 30 weeks 6 days ago
by brandylynn
n/a
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 31 weeks 3 days ago
by wgeorgelat@gmail.com
n/a
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 31 weeks 5 days ago
by nodyerno123
n/a
Sue due to no rental license?
My roommate and I are renting a house on Cape Cod for the summer. Our landlord has lied about several things and is charging us an outrageous amount ...
1 32 weeks 5 days ago
by spazzers06
32 weeks 5 days ago
by The Editor
Shared Meter for utilities legal?
We moved into a house back in March. It is a large, older home with an 'in-law' in the basement that is not legal, but occupied by another man and wom...
1 33 weeks 9 hours ago
by Bamboozled
33 weeks 9 hours ago
by The Editor
Return of deposit for oral lease commercial space?
I recently rented an office space left a 550 deposit land cashed the check i cannot take the space due to illness i was up front w the land lord ...
0 33 weeks 3 days ago
by nappyhead
n/a
Disclosures for Purchasing Home
When one purchases a home in MA, I understand lead paint is a required disclosure. Are there any other required disclosures to potential buyers in MA?
1 33 weeks 4 days ago
by nachomendez
33 weeks 3 days ago
by The Editor
Wood Destroying Insect Inspections
My understanding is that in MA "home inspectors" have to be licensed and insured but that one does not have to have a license or certification to do a...
0 33 weeks 4 days ago
by nachomendez
n/a
Right to Insurance
Hello I posted about a month ago regarding an issue in which a plumber's error has led to a kitchen remodel. I received funds from my personal insu...
0 34 weeks 15 hours ago
by Maureen S.
n/a
Condo book/resource recommendation
Can anyone recommend some books about owning a condo and being a trustee in a condo association? We just bought in a new building. There are 6 uni...
1 35 weeks 4 hours ago
by gheissenberger
34 weeks 6 days ago
by The Editor
Can I sue real estate agent for fraud and misguiding?
I bought a single family house one and half years ago. My purpose is to rent out for investment. But there are a lot of things happened that I realize...
1 35 weeks 19 hours ago
by body8combat
35 weeks 13 hours ago
by The Editor
Adverse possession with underground utilities
There is a electric utility pole in my back yard, which supplies me with electric service and communication services, as well as my next door neighbor...
2 35 weeks 5 days ago
by hamov57
35 weeks 4 days ago
by hamov57
residential lease renewal
I lease a residential condo to my tenant on a yearly basis. There is a clause in the lease that requires the parties to give a minimum of 60 days noti...
1 35 weeks 5 days ago
by hamov57
35 weeks 5 days ago
by The Editor
Property dispute and adverse possession
I live in a home in MA There was a existing fence along the side property line and the backyard. I have lived here for over 25yrs. I have always kept ...
2 36 weeks 3 days ago
by BABS
36 weeks 2 days ago
by Robert Nislick
Are Condo Parking Easements Taxable?
Hello, I have owned a parking easement (non-deeded reserved parking in condo garage) in Boston for the past few years and have not been subject to ...
0 36 weeks 4 days ago
by BARRJ
n/a
Report tenant to credit agencies?
My tenants moved out July 1st. They still owe $550 from their May rent. I used the security deposit for the last months rent of June. What can I do to...
1 36 weeks 6 days ago
by pensacola
36 weeks 5 days ago
by The Editor
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...
2 2 years 46 weeks ago
by LarsErickson
36 weeks 6 days ago
by Alan D. Meyerson
Unit Owner Access to Insurance
I own a condo and need to file a claim with the Master Insurer. I have already had an adjuster covering my personal supplemental policy and the damage...
2 37 weeks 1 day ago
by MSM
37 weeks 1 day ago
by MSM
locked out and evicted from my business
I notified my landlord back in November that I would possibly be closing or selling my store and moving out. I was sending my landlord $500 bi-weekly ...
0 37 weeks 3 days ago
by RhondaS
n/a
Condo disputes with no officers of association?
I have a question. I am 1 of 2 condo owners of a duplex. i have been there 26 years. we have a condo master deed and doc, separate, governing most eve...
1 38 weeks 14 hours ago
by paas14
37 weeks 5 days ago
by paas14
Accidentally broken window in condo common area
Hello, My fiance accidentally broke a small window while bringing in groceries. The window is part of the interior door leading into her condo's hall...
0 38 weeks 5 days ago
by santihdz
n/a
Email agreed to renew the lease, legally binding?
I agreed with my landlord that I'll renew the lease for another year in email. But on the signing day, I got a job offer and decide to move out of sta...
0 38 weeks 6 days ago
by guogai
n/a
Power of Condo Trustees to set fees
Our trust reads as follows: 1. Powers and Duties of the Trustees. The Board of Trustees shall have all power necessary for the administration of the a...
5 40 weeks 5 days ago
by Edge4414
39 weeks 10 hours ago
by Boston Probate ...
Is my landlord responsible?
I am a tenant in a one bedroom apartment, second floor of a house. In late June, I noticed a small leak coming from the water heater. I called my...
3 6 years 22 weeks ago
by Erin
39 weeks 18 hours ago
by admin
Tax Lien on a Home..Seeking Good Faith Deposit Returned
My husband and I recently were supposed to pass papers on a house on April 30th in MA. That day, 2 hours before close, our lawyer calls to say there i...
0 39 weeks 2 days ago
by NeedAHouse
n/a
Accepting a higher rent than advertised
We are new landlords and advertised our apartment at a rent that we now realize was too low. We were mobbed at the open house and now several people ...
1 39 weeks 3 days ago
by Kwaring548
39 weeks 3 days ago
by The Editor
Can seller breach purchase and sale agreement?
After the home inspection was done, it was written in the Purchase and Sales agreement that the electrical service needed to be updated and that the l...
2 39 weeks 6 days ago
by pjjp82
39 weeks 6 days ago
by The Editor
Condo Association Voting at a Special Meeting
My association put together a petition asking for a special meeting and acquired the amount of signatures required to call a special meeting. Our ass...
1 41 weeks 2 days ago
by MilosMom
41 weeks 13 hours ago
by Boston Probate ...
Waiver of right to enforce condo rules
I am a member of a condo board in a massachusetts community with 150 unit owners. Canopys on decks are a violation of the rules of the condo docs. A h...
2 41 weeks 1 day ago
by estoppel
41 weeks 1 day ago
by Robert Nislick
Adding addition to condominium.
I purchased a townhouse condo and would like to expand the study room to become a second bedroom. Should I talk to trustee? or just get permit directl...
1 41 weeks 2 days ago
by Chiung
41 weeks 1 day ago
by The Editor
Short sale Nightmare Home
In May 2013, we put in an offer on a home that was a SHORT SALE. It was approved by the seller. In the winter, since we had no approval from the bank,...
0 41 weeks 3 days ago
by chevy3
n/a
Definition of Family for by laws
For the purpose of by-law language does anyone have a current definition of the word “family” that has been recently accepted by the AG? I realize...
0 41 weeks 4 days ago
by Richard Foster
n/a
Condominium owner building fence in common area?
The next door neighbour of my townhouse unit makes me headache. According to the Trust, each owner has 50% interest of our common area. Now, my next d...
1 42 weeks 5 days ago
by Hugh35180
42 weeks 14 hours ago
by Boston Probate ...
Rights of Co-Owners with Joint Tenancy
I co-own a single-family property with my sibling (owned in joint tenancy) and both parties have recently married; neither spouse is listed on the dee...
1 42 weeks 5 days ago
by kimmu512
42 weeks 15 hours ago
by Boston Probate ...
Desperate with Damage from Neighbor's Trees
In 2011, my neighbor's tree fell down across my driveway - crushing both my automobiles, both were total losses. My homeowners insurance covered the m...
3 44 weeks 4 days ago
by GreatFurry1
42 weeks 5 days ago
by Boston Probate ...
To add my name to our HOA account, next door does not cooperate. What can I do next
I bought a townhouse unit in May, 2013. Accordind to our condo documents, each owners should be one of the two trustees. We have a HOA account at Citi...
1 43 weeks 2 days ago
by Hugh35180
42 weeks 6 days ago
by Attorney Amarantes
Exposure of A Joint Tenant to debt of Other
If 2 siblings own a home as joint tenants with right of survivorship, and the State of Massachusetts puts a lien on the property for reimbursement o...
1 43 weeks 1 day ago
by mardec
42 weeks 6 days ago
by Boston Probate ...
Need Access to common space(basement) thru another property owners condo unit
This may be a tough one but we need help: We are part of a condo unit associations that has 3 commercial spaces and 1 residential space. We own th...
1 43 weeks 1 day ago
by maddash7
42 weeks 6 days ago
by Boston Probate ...
Proper notice re subtenants
In February of this year my wife and I were dealing with a rental agent for a company that was renting out a four bedroom apartment in Jamaica Plain i...
1 43 weeks 1 day ago
by CallidKP
43 weeks 16 hours ago
by The Editor
Renting guest room in apartment building
I live in a big apartment building. Is it legal to rent a Guest room in the apartment building, I believe landlord not suppose to rent the guest room....
1 44 weeks 4 days ago
by bglr.praveen
44 weeks 1 day ago
by The Editor
Unit Owner Running Daycare Out of Townhome
Hello, We have a 12 Unit complex where one unit owner has been running a daycare in her home for many years. We had a recent complaint (that has al...
1 44 weeks 6 days ago
by sldexter
44 weeks 6 days ago
by The Editor
Validity of mechanic's lien for repair work done
I hired a repairman to perform some work at my Massachusetts house. We entered into the contract verbally and by text message as I do not live in Mass...
0 47 weeks 16 hours ago
by MassLandlord1970
n/a
lack of new construction soundproofing and new tenant's right to quiet
(First off, thank you so much for this forum!) I've just moved into a ground-floor apartment in an 1850's house that was gut-renovated and restored...
1 48 weeks 2 days ago
by anstice
48 weeks 1 day ago
by The Editor
30 day notice to vacate to end expiring lease
I am a new landlord with the first 12 month lease of my rental property coming to an end in about 42 days. This week I notified the tenants via email...
3 1 year 1 week ago
by tedd07
50 weeks 3 days ago
by The Editor
Trustees of Condo Assoc living together - Conflict of Interest?
Hi, The Board of Trustees of my condo association consists of 5 members, two of whom are twin bothers who live together in a single unit. They have...
1 1 year 11 weeks ago
by AGillis
50 weeks 4 days ago
by Boston Probate ...
Can the Declarant/Developer of a condo association be replaced
The declarant of our condo association , currently the developer ,refuses to meet with the home owners after a petition was signed by 85% of the owner...
1 1 year 3 weeks ago
by john petto
50 weeks 4 days ago
by Boston Probate ...
Structural problem with foundation
I purchased my home in July 2012. The home inspector mentioned that the foundations cracks were insubstantial and that every home has them. He briefly...
2 51 weeks 3 days ago
by mezick
50 weeks 4 days ago
by Boston Probate ...
Trustees voting on free condo fees
We are a 34 Unit Condo Complex in South Easton Ma. Two years ago our three trustees voted on their own to pay themselves for their services. Two Trus...
1 51 weeks 2 days ago
by boston6004
50 weeks 4 days ago
by Boston Probate ...
Who is responsible for repairs to a unit caused from the common area
I own and rent a one bedroom condominium on the ground floor of a 64 unit building that has two flat roofs. There have been a number of instances w...
1 1 year 4 weeks ago
by Tfeeney02056
1 year 3 weeks ago
by The Editor
Internet service for tenant
Hello, I would like to know if there is a responsibility on the landlord's part to provide internet service for the tenant? More specifically: ...
1 1 year 10 weeks ago
by Rocat
1 year 10 weeks ago
by The Editor
Short Sale and Bankruptcy
Bear with me,I have alot going on right now, part of which is that my wife had lost her job in June 2012, shortly thereafter she also decided she did ...
2 1 year 12 weeks ago
by Mac
1 year 11 weeks ago
by Mac
Seller breach purchase and sales contract
Hi all, i am in the process of buying a home. The seller broke the p & s contract. One day before the scheduled closing date, our closing attorney ...
1 1 year 13 weeks ago
by angelwingsncsu
1 year 13 weeks ago
by The Editor
MA town seeking to make border homes (<50% tax to town) ineligible for town schools
Our eastern MA town is suddenly wanting to reverse its policy on "intersecting" properties and school eligibility. Until now, homes (most built about...
0 1 year 16 weeks ago
by may1620
n/a
Garage rental eviction process
I'm renting 2 garages to a contractor. There is no written lease and he is a tenant at will. He owes me 6 months rent. What is the process of eviction...
0 1 year 16 weeks ago
by Dolce1
n/a
Who must pay for door repairs in MA condo?
We live in a 2 condo unit. There is common front door for both units then individual door for each unit. All the doors are brown color and pretty old....
1 1 year 22 weeks ago
by jschen
1 year 22 weeks ago
by The Editor

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