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MA Real Estate Law Questions and Answers

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TopicRepliesCreatedLast replysort icon
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 1 year 32 weeks 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 48 weeks ago
by ataraj
1 year 32 weeks 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 1 year 35 weeks ago
by David Bell
1 year 35 weeks 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 1 year 38 weeks ago
by condohelp1234
1 year 37 weeks 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 1 year 39 weeks ago
by coaster
1 year 39 weeks 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 1 year 39 weeks 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 1 year 39 weeks ago
by jharold
1 year 39 weeks 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 4 years 41 weeks ago
by Jose81
1 year 40 weeks 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 1 year 41 weeks ago
by Madneighbor9
1 year 41 weeks 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 1 year 41 weeks 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 1 year 43 weeks ago
by Jmarine311
1 year 42 weeks 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 1 year 43 weeks ago
by snoonan
1 year 43 weeks 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 1 year 44 weeks ago
by LisaF
1 year 44 weeks 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 1 year 44 weeks ago
by homeowner1
1 year 44 weeks 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 1 year 44 weeks ago
by JimDG
1 year 44 weeks 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 1 year 45 weeks 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 1 year 46 weeks ago
by Ih8existence
1 year 46 weeks 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 46 weeks ago
by rhenryscott
1 year 46 weeks 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 47 weeks ago
by massconfusion27
1 year 47 weeks 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 47 weeks 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 48 weeks ago
by nancyanthony55
1 year 48 weeks 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 49 weeks ago
by napoleon1815
1 year 48 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 49 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 50 weeks ago
by meanders3
1 year 49 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 50 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 2 years 22 weeks ago
by MA-41
1 year 51 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 51 weeks ago
by Brightlight
1 year 51 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 2 years 5 weeks ago
by Chucker
1 year 51 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 2 years 3 days ago
by frustratedseller
2 years 2 days 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 2 years 4 days ago
by napoleon1815
2 years 3 days 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 2 years 6 days 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 2 years 1 week ago
by wnymary
2 years 6 days 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 2 years 1 week ago
by Angry man
2 years 1 week 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 2 years 2 weeks ago
by pkh
2 years 1 week 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 2 years 2 weeks ago
by J.J.
2 years 2 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 2 years 2 weeks ago
by Alexp
2 years 2 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 4 years 31 weeks ago
by DickL
2 years 2 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 2 years 3 weeks ago
by Groen
2 years 3 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 2 years 5 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 50 weeks ago
by Anonymous
2 years 6 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 2 years 6 weeks ago
by mnmMA
2 years 6 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 2 years 6 weeks ago
by bobwat34
2 years 6 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 2 years 7 weeks ago
by Connie4
2 years 7 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 2 years 7 weeks ago
by Thaddeus
2 years 7 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 2 years 8 weeks ago
by Blong
2 years 8 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 2 years 9 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 2 years 9 weeks ago
by donnap60
2 years 9 weeks ago
by The Editor
Quit Claim on Deed or Not?
This could be posted in another forum as it relates to an estate, but the question really is specific to the deed of the deceased. My father-in-law...
0 2 years 10 weeks ago
by dcollins166
n/a
Massachusetts ownership of property--entirety vs joint tenancy
Should my husband and I own our property as joint tenants with rights of survivorship or as tenants by the entirety? What are the pros and cons of eac...
1 2 years 10 weeks ago
by donnap60
2 years 10 weeks ago
by The Editor
Roommate Trying to Break Lease
Someone please help us!!!! In September of 2011, my two friends and I signed a 12 month lease for an apartment and we are all listed on the lease. A c...
1 2 years 10 weeks ago
by threephase480
2 years 10 weeks ago
by The Editor
New Oil safety law in Massachusetts
Hi. I have a two family home in Massachusetts and heard on the radio about some new law that requires homeowners to change their oil heating system i...
1 2 years 10 weeks ago
by Grimm4
2 years 10 weeks ago
by The Editor
Condominium Fines
I live in a 20 unit condominium in MA. Our Rules & Regulations State "Monies paid are first applied to fines then to assessments then to condo fess"....
0 2 years 11 weeks ago
by Kizi001
n/a
Single lane driveway parking in condo association
My 2 condo association (50/50 interest) has a shared 1 lane driveway with 4 spots. Unit 1 is deeded spots BC and Unit 2 is deeded spots AD. Unit 2 c...
3 2 years 12 weeks ago
by siminsez01
2 years 11 weeks ago
by admin
Broker's Fee for Breaking Lease in Massachusetts?
I've looked all over the place -- even reading Massachusetts law on the matter -- but I can't find the answer to my question. I'm breaking my lease an...
2 3 years 47 weeks ago
by gregorilla
2 years 12 weeks ago
by SleepyJay
Challenging life estate due to damage of property
My grandfather left a house to me, but my father has a life estate in the house as well. Over the years my father has greatly depreciated the value of...
1 2 years 13 weeks ago
by Gaige82
2 years 13 weeks ago
by admin
insurance for vacant land with staircase to it
I will soon have a house demolished which was badly damaged by fire. Therefore I will no longer need house insurance. But there are stairs leading fro...
2 2 years 14 weeks ago
by puzzledlandlord
2 years 13 weeks ago
by puzzledlandlord
Quitclaim Deed with Inheritance and drug addicts
My wife recently inherited a house from her grandmother about 6 months ago, or so she thought. Her grandmother went to her lawyer about a year ago to...
3 2 years 14 weeks ago
by stevec311
2 years 14 weeks ago
by admin
Condominium association wants the right to review and approval any pitential buyers or renters
My condo association wants to add a by-law that will give them the right to review and approve any potential buyer or seller. I don't agree and think...
0 2 years 15 weeks ago
by Anonymous
n/a
Dangerous tree removal
I'm concerned about large/tall tree that is just outside my property line could fall and damage my home. That same tree lost several large limbs durin...
1 2 years 15 weeks ago
by Anonymous
2 years 15 weeks ago
by The Editor
Is attorney required at home sale closing in Massachusetts?
Hi. My wife and I are getting ready to close on the purchase of our first home. Like all people in this situation, we're feeling very poor right now...
1 2 years 16 weeks ago
by JamesSpade
2 years 16 weeks ago
by The Editor
Tenant caused damage to outside of home.. who is responsible
My boyfriend and I have lived in our apartment for almost three months. One of our light fixtures has not worked since we moved in and about a week a...
0 2 years 17 weeks ago
by scarming
n/a
MLS listing said CITY SEWER/WATER... purchased home and found out today that I have a SEPTIC SYSTEM!
When my toilet backed up this past weekend, I called a plumber... and low and behold our system is not hooked up to the street - it is a septic system...
1 2 years 17 weeks ago
by Renucci
2 years 17 weeks ago
by The Editor
A relative trying to steal property ownership
Hi,the story goes like this..... A blood related relative was living in my parent's house for many years. while living at my parent's house, my par...
0 2 years 17 weeks ago
by bakachanxxx
n/a
Non-Disclosure of Faulty Kitchen Installation/Plumbing
Hello, In 2006 I purchased a condo in Franklin, MA with a view to using it as a rental property; the previous owner was (and still is) a local real...
2 2 years 17 weeks ago
by Catherine68
2 years 17 weeks ago
by Catherine68
Management Company Sold My Apartment Building
Hello, I have been living in a property company managed building in Boston for the last 3+ years. About 3 months ago, they let us know that they ha...
0 2 years 18 weeks ago
by grimmylina
n/a
New person has bought the private road and property next to us, squatters rights in question.
I am concerned. We have lived at our home since September of 1991. We live along a private road with property at the end of it, and have always had ac...
1 2 years 18 weeks ago
by lnama
2 years 18 weeks ago
by The Editor
Electronic Signature legal on Massachusetts real estate contracts and documents?
Hello. I'm one of those people who likes to do things electronically and wirelessly, for both convenience and because I enjoy using technology. My w...
1 2 years 18 weeks ago
by Benton9
2 years 18 weeks ago
by The Editor
Interpretation of MGL Chapter 183A, Section 7
I would like to find out thoughts regarding Chap. 183A, Sec. 7. Which states, "No unit owner may exempt himself from liability for his contribution t...
0 2 years 19 weeks ago
by benemack
n/a
Renting to four or more roommates in one unit
Hi. I live with two roommates in Boston in one apartment. I'm on the lease along with the other two guys. The rent is killing us (just students) an...
1 2 years 19 weeks ago
by Fish
2 years 19 weeks ago
by The Editor
using home insurance money from fire to buy new property
Hi- I'm not sure if this should be in the real estate forum or tax forum... I own a house in Worcester that was recently severely damaged by fire and...
0 2 years 21 weeks ago
by puzzledlandlord
n/a
Commercial landlord duty to mitigate damages in MA?
My business is probably not going to make it and I'll have to close in the next few months. My landlord is unwilling to renegotiate my lease and I st...
1 2 years 21 weeks ago
by BurtG
2 years 21 weeks ago
by The Editor
Legality of requiring renters to have their automobile registered to apartments address?
I am currently renting a unit in a condo association in MA. I recently received notice that I must provide the registration of the two vehicles that I...
1 2 years 21 weeks ago
by Anonymous
2 years 21 weeks ago
by The Editor
Quality of repairs billed from Property Mgmt to Condo owner
Hello- My condo association's property management company entered my unit (with notice) and performed what I consider to be non-satisfactory repair...
0 2 years 22 weeks ago
by uggh
n/a
Who must pay to remove fallen tree under MA law?
During the storm last week, a young and healthy tree fell into the neighbors yard and crushed a portion of his wooden fence. Two questions. Do I hav...
3 3 years 41 weeks ago
by NGoff6
2 years 23 weeks ago
by The Editor
Lake property
Hello, I own lake-front property on a private lake and belong to a Lake Association which pays to treat weeds and maintain a dam and a small beach. ...
0 2 years 23 weeks ago
by SW9219
n/a
Is my commercial lease valid?
I signed a 2 year commercial lease with my landlord. It was about 7 pages long and he used his sons real estate company. The son is a licensed real es...
3 4 years 11 weeks ago
by Anonymous
2 years 23 weeks ago
by mitzi
Eminent domain in MA
I got an offer from the state for a piece of property I own. They're taking it and one other parcel by eminent domain to make room for a new road proj...
1 2 years 23 weeks ago
by Jersey
2 years 23 weeks ago
by The Editor
Massachusetts Homeowners Association
My HOA is not getting a quorum at their annual meetings, but falsely claiming they are. What can be done? Also, the BOD unilateraly changed the ...
1 2 years 25 weeks ago
by mke039
2 years 24 weeks ago
by The Editor
Quick question on violation of lease from "an unapproved person living in the apartment." Thanks!
Hey all, thanks so much for the help in advance. I am looking to move in with my girlfriend, and of course I stay with her sometimes. My primary ad...
0 2 years 25 weeks ago
by Anonymous
n/a
Living in a property owned by my parents...address to mail?
Situation: I will be moving in a condo owned by my parents (mortgage in their name). The plan is for me to pay the condo fee, mortgage, utilities all ...
0 2 years 25 weeks ago
by ftown34
n/a
Joint ownership of property and pre-nuptial
Hello. I live in Massachusetts and own a two family home with my brother. We inherited it from my dad when he died and still have the same two tenan...
1 2 years 26 weeks ago
by WDJ
2 years 26 weeks ago
by The Editor
Tennant threatening for sue for automatic triple damages for return of entire security deposit
I am an out of town landlord. I own one condo that was rented for one year by five students in Cambridge. When the tenants left at the end of August,...
2 2 years 27 weeks ago
by CambridgeLandlord
2 years 27 weeks ago
by CambridgeLandlord
Is the declarent reponsible for paying condo dues on units that are finished but not sold?
The declarent has one unit that has been finished for 3 years and he uses it as an office should he be paying condo fees on this unit, Also he has oth...
1 5 years 19 weeks ago
by Anonymous
2 years 27 weeks ago
by Pattykj
do I need a Public Adjuster after a fire
I have a 3 decker house that was badly damaged by a fire early on Monday morning. Only one floor was occupied by a tenant family and I don't think the...
3 2 years 27 weeks ago
by puzzledlandlord
2 years 27 weeks ago
by admin
waiver of liability in case person climbing on roof is injured
I don't know if this question belongs in the Real Estate or the Personal Injury forum. My neighbor is a handyman and would like to climb on the roof o...
2 2 years 28 weeks ago
by puzzledlandlord
2 years 27 weeks ago
by puzzledlandlord
covenants with no HOA?
My subdivision has a set of restrictive convenants as part of all the deeds. They are the usual atmosphere type restrictions on things like house colo...
1 2 years 28 weeks ago
by Anonymous
2 years 28 weeks ago
by The Editor
MLS misrepresentation-Broker misrepresentation
went to an open house for 3 unit condo complex,1 unit sold already. asked sellers agent about the fenced in yard. he told us it will be a common area ...
0 2 years 28 weeks ago
by annamal00
n/a
Tenancy by the Entirety in MA
Closing on a house next week (hopefully) and the closing attorney said something about tenancy by the entirety. Is that a Massachusetts legal term, or...
2 5 years 16 weeks ago
by Lunchman
2 years 28 weeks ago
by RIckM10
Arbitration for Plumbing Mistake in My Condominium
I purchased a condo unit in a new development and after closing, I learned of a significant error in the installation of plumbing in my bathroom, whic...
1 2 years 29 weeks ago
by eggman2001
2 years 29 weeks ago
by The Editor
Neighbors and trees
My neighbor has an enormous Norway maple which is more then 4 stories high and whose canopy spans over several backyards. A large limb from this overg...
9 2 years 49 weeks ago
by Tosa
2 years 30 weeks ago
by Tosa
What is a deed in lieu foreclosure?
My mother passed away last year leaving a small house that had a mortgage on it and no other assets or debts, other than a couple of small utility bil...
1 2 years 30 weeks ago
by Donner
2 years 30 weeks ago
by The Editor
Mass LLC fee, alternative state for Mass real estate LLC
We own a small apartment rental in Boston in our name. The mortgage is paid off. We would like to transfer this property into an LLC. Could we form...
0 2 years 31 weeks ago
by Anonymous
n/a
OWNERSHIP OF UNDEVELOPED RIGHT-OF-WAY
I abut an undeveloped road right-of-way in a development in Massachusetts that was subdivided in 1956 and that is now completely developed. The ro...
1 2 years 31 weeks ago
by Peter Armstrong
2 years 31 weeks ago
by TLF (not verified)
What damage is covered by home owner's insurance?
I'm not sure if this is a question of Massachusetts law or just a contract situation where my policy controls, but what damage is covered by home-owne...
1 2 years 31 weeks ago
by Bett78
2 years 31 weeks ago
by The Editor
Affordable LIP Housing
I purchased an Affordable home 20 years ago under the LIP of Massachusetts. I agreed in a deed rider to sell the property back to another at a reduce...
2 2 years 33 weeks ago
by Anonymous
2 years 33 weeks ago
by sameguy
neighbor paved part of my land and also parks boat near my tenants window
I bought a house in 2009 in another town as an investment. The neighbor, who has owned his house for many years, was friendly and mentioned he "plows ...
1 2 years 34 weeks ago
by puzzledlandlord
2 years 34 weeks ago
by The Editor
Can I break a lease with a new landlord that took over?
Hi, I am curious as to if there's anyway we could break our lease if our apartment complex got bought out. The bulding manager that we had was looking...
1 2 years 34 weeks ago
by prophetkyodiru
2 years 34 weeks ago
by The Editor
Can I force neighbor to take down a diseased tree?
I live in a neighborhood with many quarter acre lots. My neighbor has a large tree that is near our property line, about ten feet from my lot and 15 ...
1 2 years 34 weeks ago
by KKM
2 years 34 weeks ago
by The Editor
Adverse possession claim and Quiet Title action
How do you make a claim of adverse possesion in Massachusetts? Our family has maintained a small plot of land beside our house for 80 years and have o...
2 2 years 36 weeks ago
by Anonymous
2 years 36 weeks ago
by alisonb12
Signed P&S short sale
I have a signed P&S and closing on August 26th,now the homeowner is asking for $3800 for a re-location fee and claims if he dos not get this he will n...
1 2 years 36 weeks ago
by almac508
2 years 36 weeks ago
by The Editor

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