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MA Real Estate Law Questions and Answers

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TopicRepliesCreatedLast replysort icon
Bat removal from attic-who is responsible?
I purchased a home on December 1, 2010. On December 10, 2010, I found a bat in the house. I Called my realtor and she contacted the former owners who ...
1 3 years 33 weeks ago
by wisdom08
3 years 33 weeks ago
by The Editor
Ownership of right of way under MA law
I have a right of way problem. I own the 20 foot wide right of way that gives access to my neighbors property. I take care of the right of way(cut the...
3 3 years 40 weeks ago
by crzegocki
3 years 33 weeks ago
by The Editor
Roof Damage caused by Fire at Neighbors Home
My neighbors home was destroyed by a fire. My home experienced damage to my roof and exterior siding. My home owners insurance is prorating my roof re...
0 3 years 33 weeks ago
by Anonymous
n/a
Right of Way and Who Can Access It?
I have a right of way on a portion of my property for my neighbor to access his garage and a small parking area. The neighbor does not have a separate...
0 3 years 33 weeks ago
by concerned76
n/a
Condo Right to First Refusal
I asked this question before but didn't get any answers so I figured I try again. I live in a 2 unit condominium complex where the owners of the ot...
0 3 years 33 weeks ago
by Anonymous
n/a
Snow Falling From Adjacent House Onto My Driveway
I have been living in my house since 1994. Shortly after every snowfall the snow that has accumulated on the neighboring house's roof slides off and ...
1 3 years 34 weeks ago
by Anonymous
3 years 34 weeks ago
by The Editor
unit interest percentage
I live in a condo with very unbalanced interest percentage resulting the monthly condo fee between $100 and $800. We also have a few affordable units ...
0 3 years 34 weeks ago
by Zhengjia7165
n/a
Joint Tenancy Division of Profits
I have a question about the division of profits from the sales of a property owned by 2 joint tenants. Ten years ago, my father put me on the titl...
0 3 years 34 weeks ago
by Anonymous
n/a
Defective structure caused by previous renovation with no building permit
My husband and I purchased our first home about 26 months ago, a split-level which was built in 1960. The previous owners had vaulted the ceiling in t...
1 3 years 35 weeks ago
by marcyellers
3 years 35 weeks ago
by The Editor
Mortgage Discharge
Still trying to find out if a mortgage is set at a 5 year term and was paid but no release was filed. Is there a point in time that the mortgage expir...
3 5 years 2 weeks ago
by WayneK
3 years 35 weeks ago
by The Editor
Collecting delinquent Condominium fees in Massachusetts
I live in a condominium development with 20 units in Massachusetts. We have a condo board but as far as I know we don't have an attorney that we work...
1 3 years 35 weeks ago
by Condomess
3 years 35 weeks ago
by Kevin Gaughen Sr.
Property removal from 40B LIP ?
What is the procedure for the removal of 40B Local Initiative Program restrictions from a deed? I'm interested in making an offer to buy a property t...
1 4 years 30 weeks ago
by Anonymous
3 years 36 weeks ago
by rmac01503
Condo unit damage from common area pipe leak
Hello, I'm an owner of a condominium unit. There has been a damage to the wall of my unit from a common area pipe leak. The condo association says w...
1 3 years 40 weeks ago
by cottoncandie07
3 years 36 weeks ago
by rmac01503
Can Unpaid Credit Card Debt of 8-12K Cause Lien on Home w/ 3 Owners? Can we take Delinquent Owner Off Deed?
Can Unpaid Credit Card Debt Cause Lien on a home that has 3 owners? My situation is this, my day step mom and I own a home in Mass and my father is ...
0 3 years 37 weeks ago
by akyriakakis
n/a
Punch List Items Not Completed 1 year after closing
Hi, we had to close with a punch list and with-held funds. One year later, most of the items on the list - many of which are things from our purchase...
1 3 years 37 weeks ago
by Anonymous
3 years 37 weeks ago
by The Editor
Problems after closing
A week after closing my mortgage broker call saying his commission was short $2700 and I need to pay it. Do I have to? To follow up more, I asked my a...
0 3 years 37 weeks ago
by drtina
n/a
Passing off a new Association
We bought a unit in a new construction of 4 units. Three units have been sold and occupied for at least a year, including ours. All this time the or...
0 3 years 38 weeks ago
by Apple 3.141
n/a
Are MA condo associations required to have a separate Reserve Account?
I am part of a 3-unit condo association in Boston. I would like to know if condo associations are required by law to have a "reserve account" that is ...
1 3 years 38 weeks ago
by Anonymous
3 years 38 weeks ago
by The Editor
Condominium Documents
Is there a state managed web site that lists condominium associations and also has online content related to an association's condominium documents an...
0 3 years 38 weeks ago
by Anonymous
n/a
Attorney review of MA Purchase and Sale Agreement.
I paid my attorney a couple hundred bucks to look at my Purchase and Sale Agreement for a house we're buying before signing it and now I'm wondering w...
1 3 years 38 weeks ago
by Anonymous
3 years 38 weeks ago
by The Editor
right-of-way
We have a 40 foot right of way, that is part of our property. We are now having alot of problems with the neighbor who lives off of the right of way....
3 5 years 25 weeks ago
by joejoe
3 years 39 weeks ago
by admin
Responsibility for removal of fallen tree limb.
I live in Boston. During the last storm (1/12/2011) a large limb from a tree on my neighbor's property fell into my yard. Though it caused no damage, ...
0 3 years 40 weeks ago
by Anonymous
n/a
COnservator and Guardian necessity for real estate sales license?
I am the conservator and guardian of my aunt and her estate. Do I need a license to sell her home? The state is requiring it. Also, where can I fi...
0 3 years 40 weeks ago
by Anonymous
n/a
Using condominium common areas as storage
We have a 6 unit condo association. One member has built a floor to ceiling bookcase in a common hallway. 4 out of the 6 units have agreed to sign a l...
3 3 years 40 weeks ago
by laxmark
3 years 40 weeks ago
by The Editor
Destruction of Condominium by erosion
I own a condominium on Cape Cod. My unit is about 80 feet leeward of the coastal bank (its a 50 foot drop from the top to the bottom!). In the past 3 ...
1 3 years 42 weeks ago
by Anonymous
3 years 41 weeks ago
by The Editor
Automatic homestead protection in MA?
I've been told that I don't need to worry about filing a declaration of homestead because the new homestead law has an automatic provision so I'm cove...
1 3 years 43 weeks ago
by Milton7
3 years 43 weeks ago
by The Editor
New Rules and Regulations ?
I received notice from the trustees of a new move in / move out policy which charges for every move in and every move out. The problem is that I thin...
0 3 years 43 weeks ago
by drez
n/a
Can A Frozen Puddle From Neighbors Sump Pump Be A Private Nuisance?
I have a neighbor who is allowing his sump pump to drain into the street even though the temps stay below freezing all day now. The water drains down...
3 3 years 44 weeks ago
by BerkleyResident
3 years 44 weeks ago
by The Editor
Are quitclaim deeds the ONLY type used in Massachusetts home sales?
Are quitclaim deeds the most commonly used type of deed in MA home sales between 2 strangers? I have a relative (who currently lives outside the cou...
2 3 years 45 weeks ago
by or2nh4me
3 years 44 weeks ago
by or2nh4me
Discrimination by condominium association against families with children
There was an interesting settlement recently between the United States Justice Department and the Stonecleave Village Association in Methuen, Massachu...
0 3 years 45 weeks ago
by The Editor
n/a
Ending exclusive listing with broker
I recently had a victimizing experience with a Realtor and had to take him to Superior Court Pro Se for an injunction to release my home from his MLS ...
2 3 years 47 weeks ago
by Anonymous
3 years 47 weeks ago
by Karen Cascone
Convoluted Purchase with post-purchase flaws found
We purchased a home over a year ago and to simplify the story, I've included a timeline - began negotiations in Nov/Dec of 2008, their realtor was ...
0 3 years 47 weeks ago
by frankwin_47906
n/a
Can I have a declaration of homestead on two properties in Massachusetts?
A friend bought a house and the attorney had him sign a Declaration of Homestead but my friend bought it as an investment property. He asked the lawye...
1 3 years 48 weeks ago
by puzzledlandlord
3 years 48 weeks ago
by The Editor
Condo Improvements Require Vote, but What If Paid For By Only Those Who Want It?
Per our condo Declaration of Trust (and Mass. General Law), “improvements” to our condo require a 75% vote of unit owners for the expense to be pa...
0 3 years 48 weeks ago
by Shans
n/a
short sale or deed in lieu?
my lender sent me a letter with only two option: short sale or deed in lieu? i'm confused I don't know exactly what they mean. the funny part i wasn'...
1 3 years 48 weeks ago
by karimos
3 years 48 weeks ago
by The Editor
Transfer house by deed without attorney
My wife and I would like to use a deed we found on a website to transfer partial ownership of our home to our daughter. We would like to do this so t...
1 3 years 49 weeks ago
by micheN
3 years 49 weeks ago
by The Editor
County records indexing?
I purchased a home 2 months ago (Middlesex county). After the closing I noticed that at the county real estate records website that several of the doc...
0 3 years 51 weeks ago
by Anonymous
n/a
Condominium Officer Elections--Voting Rules
Our Condomium Trust documents say "Trustees shall meet annually…[and] may elect the Chairman, Treasurer, Secretary and any other officers they deem ...
1 3 years 52 weeks ago
by bobrien
3 years 51 weeks ago
by The Editor
MassHealth Renewal
My mother is on Masshealth and living in long term nursing home care. She is up for renewal and Masshealth is looking for her share from the sale of h...
0 4 years 2 days ago
by jcrandle51
n/a
unit owner assessed unjustified common expenses
MA Condo Law - I am a unit owner and Board of Trustee are bunch of crooks with ripping off condo account. I voice my opposition and they do not like ...
1 4 years 3 days ago
by psinghal0
4 years 2 days ago
by The Editor
Squatters rights in Massachusetts?
There's a house in my neighborhood that has been abandoned for several years. I've never seen anyone there. There is no issue of problems with upkee...
1 4 years 4 days ago
by Green
4 years 3 days ago
by The Editor
Is owner's contractor responsible for damage to my condominium unit?
My neighbor upstairs had a contractor do some sub par renovations a few months ago and they drilled a pipe. 3 months later it caused water damage to m...
1 4 years 1 week ago
by Sheap
4 years 1 week ago
by admin
Common Area Repairs
I own a townhouse in MA. It is a complex of about 200 units with many children residents. I received a letter in the mail from the Condo Board stating...
1 4 years 2 weeks ago
by Anonymous
4 years 2 weeks ago
by The Editor
Shared Exterior Wall Responsibilty
What MA laws pertain to the repair/maintenance of a shared exterior masonry roof wall between two homes? I'm trying to find out who should be respo...
0 4 years 2 weeks ago
by Wallter
n/a
Can I remove survey stakes in Massachusetts?
A neighbor behind us is having a dispute about where the lot line is. He says part of our shed is on his land and he wants us to move it. He says he...
1 4 years 3 weeks ago
by Anonymous
4 years 3 weeks ago
by The Editor
Condominium association right to enter unit
Does a Property Manager have the right to enter a unit owners property to check on leaks without the unit owners consent? I'm being asked to monitor a...
2 4 years 4 weeks ago
by rrichm999
4 years 4 weeks ago
by rrichm999
Does petition to partition force other owner to sell?
I own a house with two siblings and I want to sell. They want to live there and tell me I'm being unfair to make them sell. But if I do a petition t...
1 4 years 4 weeks ago
by Hillbury
4 years 4 weeks ago
by The Editor
Annual Trustee Recordings - no change in trustees year to year..
I have a quick ( hopefully ) question. I’ve looked around the Mass Gov site and can’t find anything specific. I have several condo association...
0 4 years 4 weeks ago
by rrichm999
n/a
Condo - Notice of inspection?
My sister owns a condo that she uses four weeks a year. However, the maintenance man seems to interupt every vacation she has here with some kind of ...
3 4 years 5 weeks ago
by Anonymous
4 years 5 weeks ago
by admin
Likely Ethics Violations
We sold our condo in November of 2009. We had a new house lined up-offer was accepted (per our realtor) after a little negotiation, had the home insp...
5 4 years 12 weeks ago
by flyers559
4 years 6 weeks ago
by bankruptcyattorney
Condo: MGL183A S 18; Interpretation of improvement vs maintenance or repair in MA
9 unit condo assoc.in MA. has pool/deck area in great need of repair. Also issues with drains, deck, surrounding fencing not up to code. Some members ...
1 4 years 6 weeks ago
by Cheryl Hitchings
4 years 6 weeks ago
by The Editor
Can I cancel my Cape Code vacation rental and expect refund because of Hurricane warnings?
Hi - I rented a small cottage on the beach on Cape Cod and want to cancel because of the Hurricane warnings. I am very nervous as I have a toddler and...
1 4 years 7 weeks ago
by Anonymous
4 years 7 weeks ago
by The Editor
Offer to Purchase
We signed Short Sale document and Listing agreement with our realtor on July 8th. He did not submit them to the bank until August 23rd (3 days before...
2 4 years 8 weeks ago
by Anonymous
4 years 7 weeks ago
by scorpio11679
Capital gains tax
In 1996 I purchased a property from my parents and agreed to a life estate. At the time the property was worth $252,000. I purchased it for $160,000...
0 4 years 7 weeks ago
by pongmaster21
n/a
Late Apartment Rental Fees
Hey there. Not really sure where to post this but I was seeking some help on an issue. I live with a large group of guys and have rented an entire ...
0 4 years 8 weeks ago
by Anonymous
n/a
Neighbor's driveway on my land
I'm going to sell my home in the next year of so. I've known for three or four years now, since he put it in, that my neighbor's driveway is on my la...
1 4 years 8 weeks ago
by Swimming
4 years 8 weeks ago
by Kevin Gaughen Sr.
Can the Treasurer be held personally responsible?
Our condo association is made up of 32 units. Admittedly only 5 people attend the meetings regularly and those are the people on the board. Recently t...
0 4 years 10 weeks ago
by nightlifemp
n/a
Unmarried persons purchase property
If two unmarried persons buy property jointly, and both have their names on the deed, what happens to the property when one person dies. Both persons ...
1 4 years 10 weeks ago
by Melissa
4 years 10 weeks ago
by The Editor
Condo Association Repair Responsibilities
Event: Toilet leaks in Unit A and causes some water damage to Unit B and common area of building (condo association). There was NO negligence on the...
0 4 years 10 weeks ago
by bd
n/a
tenants at will
My family rents an in-law apartment with the actual owner/landlord living in the main house, we are tenants at will.Last month we were told to start l...
2 4 years 11 weeks ago
by kelleyhagen
4 years 10 weeks ago
by kelleyhagen
Condo - electrical/ac problem extends into common area/adjacent unit
I am a condo owner (garden style unit) and my central air stopped working almost 4 weeks ago. I have had an hvac repair tech and electrician look at ...
0 4 years 11 weeks ago
by cfrie
n/a
Can a spouse sue for half a home they do not own?
I purchased my home alone, mortgage, title, deed, downpayment are all in my name alone. My soon to be ex hired a lawyer that demands he be put on deed...
1 4 years 12 weeks ago
by Anonymous
4 years 12 weeks ago
by The Editor
Scope of Developers full responsibility?
A recent Building Envelope inspection of my condo development (completed as a result of the owners forcing the issue with the developer to look into t...
1 4 years 13 weeks ago
by WaterBearer
4 years 13 weeks ago
by The Editor
Foreclosure Title
Hello, I just bought a foreclosure property from public auction sale. The property has two mortgage on this. The lender foreclosing the property is...
0 4 years 13 weeks ago
by BruceBleg
n/a
Retaining Wall and Town use/abuse
I live in a small condo building, and we have a retaining wall behind our building. The wall runs past two other buildings as well. On the other sid...
0 4 years 13 weeks ago
by GlenG
n/a
MA Solar Access Laws
I am interested in opinions as to how to interpret the language in the MA Solar Access Law. Specifically in regards to the voiding of restrictive pro...
6 4 years 17 weeks ago
by Anonymous
4 years 13 weeks ago
by BostonSolarInstaller
Renter's rights in a flooded apartment
I rent an apartment in Brookline and last week we had some severe flooding that filled about 80% of our apartment with 6 inches of water. The water su...
1 4 years 14 weeks ago
by keara507
4 years 14 weeks ago
by The Editor
Can an exclusive easement of deck include the surrounding building walls?
My condo unit has the exclusive easement to a roof deck, which is framed by a low wall with railings on top. Now the association and I have different ...
1 4 years 15 weeks ago
by Anonymous
4 years 15 weeks ago
by The Editor
property lines - extend into lake?
I live on a lake, and my neighbor has anchored a floating raft that, if the wind blows my way, drifts over into water that abutts my property by about...
0 4 years 16 weeks ago
by gibba1234
n/a
property in trust - how to convey
Grantor of IR trust received parcel of land in return for transaction. Deed is into the trust. Beneficiary wishes to explore selling land to cease re ...
0 4 years 16 weeks ago
by visitorjune
n/a
183A Condominium Law
Does the state statute determine how condo fees are set for each unit, or is this done by the Master Deed? I had always thought condo dues were set b...
2 4 years 18 weeks ago
by votewithyourfeet
4 years 17 weeks ago
by smarcus
Condo assocation repair costs
I am a part of a 6 unit condo association. We are needing to do costly repairs to common areas. If we take out a loan on behalf of the condo associati...
0 4 years 17 weeks ago
by kabslp
n/a
Water and Sewer termination by township
The township is terminating my water service. I have not received prior notification they just posted notice to my door saying i had 12 days to pay i...
0 4 years 17 weeks ago
by ginad
n/a
Difficult Trustee
At a meeting held on 4/28/10 the majority of owners voted in two trustees. One of the trustees handles the books. An owner requested financials be s...
1 4 years 18 weeks ago
by Anonymous
4 years 18 weeks ago
by The Editor
Purchase and sale form for MA and contingency clauses
Thanks for your answer recently about putting contingency clauses in the Purchase and Sale. I think I know the answer to this (based on what you said...
1 4 years 18 weeks ago
by GBentley
4 years 18 weeks ago
by The Editor
Landlord leasing apartment out from under me
My 1 year lease is over on 8/15/2010. Last Wednesday, my landlord asked me if I wanted to stay. I told him I needed a week and he agreed. I called him...
0 4 years 18 weeks ago
by mrstryke
n/a
Should a condo association share in the cost to remove a roof deck to replace a roof?
We own the top floor of a three unit condo in an approximately 100 year old building which was renovated five years ago. I purchased the condo a litt...
2 4 years 21 weeks ago
by ptwob103
4 years 18 weeks ago
by Howard
Interpretation of Chapter 183A MGL, Section 18 : Improvements
We have a 3 unit condominimum trust. Its states in Chapter 183A, section of Massachusetts General Law that in order for the assessment to be covered b...
1 4 years 19 weeks ago
by onespeed63
4 years 19 weeks ago
by The Editor
Title Search Gone Awry...
What happens when a title search done in 2010 on one's home reveals a lien dating back to 1957 that was not discovered when the home was purchased in ...
5 4 years 19 weeks ago
by danfahey
4 years 19 weeks ago
by admin
Trees
My neighbor's trees are overhanging onto my property. One of them is knocking over part of our fence, and a dead one is in danger of falling on our h...
3 4 years 19 weeks ago
by kwinslow
4 years 19 weeks ago
by admin
Can a Seller rescind a verbal acceptance-- statute of frauds in MA?
Buyer accepted listing price and signed P&S agreement. Seller (on vacation and out of area) verbally accepted offer after refusing previous lower ...
1 4 years 19 weeks ago
by Gmijohn
4 years 19 weeks ago
by The Editor
Larceny in MA on shared property?
There are two separate units to our property that share a porch. Recently, a piece of furniture that was being stored on the porch caused an aesthetic...
1 4 years 20 weeks ago
by Anonymous
4 years 20 weeks ago
by The Editor
What determines "ordinary" vs "extraordinary" expenses with a condo assn?
A unit has a deck, and the condo docs say that unitowner is responsible for ordinary expenses associated with the deck but the association handles ext...
0 4 years 21 weeks ago
by danfahey
n/a
Refusing to allow phone wires
I own a condo on the third floor of a three story building. About a year ago Verizon Fios came in to feed the wires to the units for those of us that ...
0 4 years 21 weeks ago
by fdbolt
n/a
Mass General Law 266_120B: What if permission is granted but the landowner wants to delay the repair as it creates a hardship
If a landowner agrees that the abutter may come onto the property to repair a wall but feels that the schedule is a hardship and wants to them delay t...
0 4 years 21 weeks ago
by et-b
n/a
Title Insurance - Attorney relationship?
It was my understanding that for buyers title insurance, the buyer pays the premium fee, e.g. .375%/thousand and the insurance company then pays the c...
1 4 years 28 weeks ago
by Anonymous
4 years 23 weeks ago
by SigmanEsq
What are allowable damages for real estate misrepresentation under massachusetts law?
We had a signed purchase and sale for a house which had multiple items that were supposed to be completed by the seller and a few of which had a weath...
3 4 years 29 weeks ago
by mdshultz
4 years 23 weeks ago
by admin
Can I make an offer on a new home prior to executing a P&S on the home I'm selling?
More specifically, if the home inspection on the home I'm selling hasn't been done, can I make an offer on another home?
5 4 years 23 weeks ago
by danfahey
4 years 23 weeks ago
by The Editor
Roof condo project requests me to pay for $3000 of electrical improvements to my unit
First, I am sorry if this question is recorded somewhere. I posted it yesterday but could not find a record of it. I own a condo in a 30 unit build...
1 4 years 23 weeks ago
by Sheila Bogen
4 years 23 weeks ago
by The Editor
Developer foreclosure- no association exists
I am the only person who bought in to a 4 unit building. The developer controls the association and is renting the other 3 units. He is being foreclos...
0 4 years 23 weeks ago
by Anonymous
n/a
4 plus year long roof leak affecting habitability and "rentability" of condo
I own a top (third) floor condo in Cambridge, MA that I rent. Starting in Novemeber of 2006 - present 2010 the unit suffers from leaks when it rains. ...
1 4 years 23 weeks ago
by Sheila Bogen
4 years 23 weeks ago
by The Editor
is a skylight a window?
The Master Deed of our condomiminium association states the top floor unit stops at the lower surface of the roof rafters; and that windows are the re...
2 4 years 23 weeks ago
by sjg727
4 years 23 weeks ago
by sjg727
Homeowner's Insurance for nonmarried JTC?
My fiance and I are closing on a house(cash no mortgage) next month as joint-tenants where we will both reside. I called my current insurance agent an...
0 4 years 24 weeks ago
by Anonymous
n/a
Adverse possesion of section of a roadway
My property abuts a 93 foot section of roadway that went into probate in 1935. Since that time no one has taken claim to this section of roadway, and...
1 4 years 24 weeks ago
by Anonymous
4 years 24 weeks ago
by The Editor
dividing a single lot into two
My neighborhood was originally divided into all 10,000 Sq. ft lots, I own a 20,000 Sq. ft lot which both ends of the property are each on a dead end s...
0 4 years 24 weeks ago
by JMello78
n/a
Adverse Posession or Prescriptive Easement for Fence/Retaining Wall
I just bought and moved into my home 8 months ago. My next door neighbor decided to remove his fence last month because it was old and falling over....
1 4 years 25 weeks ago
by Anonymous
4 years 25 weeks ago
by The Editor
Negligent Board and Property Manager
The Board of Trustees of BH1 are neglectful and unresponsive to the unit owners needs. It has become apparent that the property manager (who lives in...
1 5 years 48 weeks ago
by BH1Resident
4 years 25 weeks ago
by lawyer1
co-ownership of real estate in MA
My cousin and I inherited a two family home in Massachusetts from our aunt. We do not get along very well and I don't want to own property with her, ...
1 4 years 25 weeks ago
by dent73
4 years 25 weeks ago
by The Editor
Required encroachment remedy?
My neighbor recently did a survey before installing a fence and found that a bit of property that was thought to be owned by me is actually on his lot...
1 4 years 27 weeks ago
by Anonymous
4 years 27 weeks ago
by The Editor
Condo Chimney Leak Repair
I own one unit in a two unit townhouse-style condo. I have a problem with leaks from the brick chimney caused by a cracked chimney crown and missing ...
1 4 years 27 weeks ago
by jillyfish2
4 years 27 weeks ago
by The Editor

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