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MA Real Estate Law Questions and Answers

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TopicRepliesCreatedLast replysort icon
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 3 years 41 weeks ago
by WDJ
3 years 41 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 3 years 42 weeks ago
by CambridgeLandlord
3 years 42 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 6 years 34 weeks ago
by Anonymous
3 years 42 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 3 years 43 weeks ago
by puzzledlandlord
3 years 42 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 3 years 43 weeks ago
by puzzledlandlord
3 years 43 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 3 years 43 weeks ago
by Anonymous
3 years 43 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 3 years 43 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 6 years 32 weeks ago
by Lunchman
3 years 44 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 3 years 44 weeks ago
by eggman2001
3 years 44 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 4 years 12 weeks ago
by Tosa
3 years 45 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 3 years 45 weeks ago
by Donner
3 years 45 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 3 years 46 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 3 years 47 weeks ago
by Peter Armstrong
3 years 47 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 3 years 47 weeks ago
by Bett78
3 years 47 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 3 years 48 weeks ago
by Anonymous
3 years 48 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 3 years 49 weeks ago
by puzzledlandlord
3 years 49 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 3 years 49 weeks ago
by prophetkyodiru
3 years 49 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 3 years 49 weeks ago
by KKM
3 years 49 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 3 years 51 weeks ago
by Anonymous
3 years 51 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 3 years 51 weeks ago
by almac508
3 years 51 weeks ago
by The Editor
As Built Condo Plans vs. Actual Plans
The facts: 1. The Wooden Deck is not shown on the as built plans. A brick deck is shown on the filed plans with the deed from the developer. 2. The ...
0 3 years 52 weeks ago
by KWV
n/a
real estate splitting deed to myself
Buyers agree to buy home on five acres. I actually own ten and my deed ( in my name only) shows these ten acres with discription boundaries etc for th...
1 4 years 1 day ago
by tl2011
4 years 1 day ago
by admin
Neighbor blocking my view
I've lived in the same house in western Massachusetts for nearly 20 years and have always enjoyed great views of the mountains from my front porch. No...
1 4 years 2 days ago
by MartaG59
4 years 2 days ago
by The Editor
Fence built too close to my building and blocks the ability to work on the structure
So I bought a house last year and have realized that the chain-link fence that had been erected (before the purchase) is a mere 14 inches away from ou...
1 4 years 1 week ago
by amfriedman
4 years 1 week ago
by The Editor
Can I withhold condominium fees in MA?
I remember when I was a student and renting an apartment in Boston my roommates and I once withheld rent from our landlord to get him to make repairs ...
2 4 years 9 weeks ago
by Grett8
4 years 1 week ago
by campease
Tacking and adverse possession in Massachusetts
About ten years ago I bought my home from my dad who is still alive. He had built a garage many (25) years ago and part of it was built on a neighbor...
2 5 years 23 weeks ago
by Anonymous
4 years 1 week ago
by campease
Adverse possession Details: building on land
If one were to begin maintaining and occupying land to claim through adverse possession, is it possible to build a dwelling/building IE: house and/or ...
2 4 years 1 week ago
by Anonymous
4 years 1 week ago
by campease
Conflicting property markers from different engineers
We live in an area that has been affected by hurricanes, and as a result, the property lines are often a challenge for engineers. We had our land sur...
0 4 years 2 weeks ago
by frustratedneighbor
n/a
Selling broker fabrication of a second offer
My wife and I recently made an offer to purchase a home. The offer was accepted by the seller. Our initial offer was $60,000 below the asking price....
1 4 years 2 weeks ago
by pmm
4 years 2 weeks ago
by The Editor
Water rights for lakefront property owners
We own lakefront property on a private lake. We joined the lake association prior to moving in and paid annual dues for several years. Personal circum...
0 4 years 2 weeks ago
by suzayaya
n/a
Access to Financial Info per General Laws 183A, Section 10 (c)
Recently, our condo Board and Mgt. Co. didn't respond to two letters from a group of residents asking to set up a time to review the financial docs th...
4 4 years 3 weeks ago
by FML
4 years 2 weeks ago
by FML
Reimbursement and Future Obligations for Jointly Owned Property After Breakup
My fiance and I bought a house together 2 1/2 years ago. We recently have ended our relationship, and I don't know what my options are now with respe...
1 4 years 3 weeks ago
by pacnwnative
4 years 3 weeks ago
by The Editor
Possible Misrepresentation of a Home for Sale
On the MLS listing for the property that I plan to purchase stated there was a sprinkler system. One reason I considered this property was the fact I ...
0 4 years 3 weeks ago
by Anonymous
n/a
Condo Responsibilities for Insect Damage
I currently own half of a duplex/condex. The other owner/trustee rents his side out. 2 years ago he brought it to my attention that he found termites ...
1 4 years 3 weeks ago
by montie616
4 years 3 weeks ago
by The Editor
Sue home inspector in Massachusetts?
I closed on my first home in May and since then I've found a number of things that are not right with the house that I think my home inspector should ...
2 4 years 3 weeks ago
by DeMint
4 years 3 weeks ago
by admin
Removing or recalling condominium board members or trustees in MA
We are having a problem with the board and a majority of the owners in our condo want to remove the board and elect a new board. The condo bylaws do n...
2 4 years 5 weeks ago
by mbishop145
4 years 4 weeks ago
by mbishop145
Rights to exclusive easement to condo parking spot.
In the deed to the condo it states "Pursuant to the right retained by Sponsor as set forth in Section 6 of the Master Deed, Grantor hereby grants to G...
3 4 years 6 weeks ago
by chrisgriff76
4 years 4 weeks ago
by The Editor
Forced to pay for repairs not asked for
I own a Condo and my management association came in to investigate a leak affecting my downstairs neighbors' ceiling. They claimed it was a common ar...
1 4 years 5 weeks ago
by jone8521
4 years 4 weeks ago
by jone8521
bribery within a condo association
I live in a 4 owner condo association. Two owners wanted to build an unnecessary improvement that required majority approval if the improvement was to...
0 4 years 5 weeks ago
by Anonymous
n/a
Rental Security Deposit?
20-Jun-2008 2:25 PM -- Anonymous I've lived in the same unit for 10 years and will be moving soon. The current landlord is the 2nd owner...
2 6 years 50 weeks ago
by admin
4 years 6 weeks ago
by admin
Signs on my Property
I have had some drug and trespass activity on my property. I have posted signs on my property to discourage such activity. My neighbor says he wants t...
1 4 years 6 weeks ago
by Anonymous
4 years 6 weeks ago
by admin
Interest on Last Month's Rent
Hi, My landlord took a Security Deposit ($2000+) and Last Month's Rent ($2000+). Within 30 days after tenancy ended he returned a portion of the Se...
4 6 years 34 weeks ago
by Anonymous
4 years 6 weeks ago
by campease
Condo Right of First Refusal
If a Right of First Refusal is added as an amendment to a condominium associations documents/by laws does that make the ROFR a servitude that can surv...
0 4 years 6 weeks ago
by Anonymous
n/a
condo advice
I've asked my condo association trustees numerous times over the past year or so to perform common maintenance to my outside decks that (per the by-la...
1 4 years 7 weeks ago
by joem21
4 years 7 weeks ago
by The Editor
Trespass to make Fence Repair
We have a fence that sits just inside the propertly line which is in need of repair/paint. We've hired a contractor to do the work for us. Our neighbo...
1 4 years 8 weeks ago
by nsmith
4 years 8 weeks ago
by The Editor
Raising Condo fees when one tenant is in foreclosure (and not paying the fees)
We have a unit that has never paid condo fees (~2 years). The bank has paid ~ 1year of condo fees, but the unit is now again under foreclosure. We a...
1 4 years 10 weeks ago
by Leigh
4 years 10 weeks ago
by The Editor
Water Damage and repair
I have had water damage inside my unit multiple times due to the Assoc. failure to repair faulty roof . The Associations insurance company has paid th...
0 4 years 10 weeks ago
by rmac01503
n/a
Setting condo fees not based on condo size
We have a 7 unit condo in a converted Victorian mansion. My unit is the largest, and so I pay 17% of the association's condo fees. This is a lot more ...
3 4 years 11 weeks ago
by Rasa
4 years 10 weeks ago
by admin
Property Line Dispute
We installed a cedar fence 19 years ago; it was placed just inside the property line (approx 6 inches). We had no objection or comments from our neig...
1 4 years 10 weeks ago
by nsmith
4 years 10 weeks ago
by The Editor
adverse possession with retaining wall
The street on which we own property is at the base of a hill. A building was constructed next to us, also at the base of this hill. He constructed wal...
1 4 years 11 weeks ago
by njtg
4 years 11 weeks ago
by The Editor
Closing fees for attorneys in MA
We just closed on our new house in Massachusetts. We are happy with how things went but were wondering about an increase in the closing attorney's fe...
1 4 years 12 weeks ago
by Anonymous
4 years 12 weeks ago
by The Editor
Encroachment and adverse possession in MA
Neighbor has an above ground pool. About 12 years ago they built a wooden deck onto pool. About 10 years ago we had our land surveyed and deck encroac...
1 4 years 14 weeks ago
by Liz
4 years 14 weeks ago
by admin
Title insurance and encroachments or adverse possession in MA
My neighbor has had a shed that, apparently, has been sitting on my land for many years. He claims that the shed has been there since before he owned...
1 4 years 14 weeks ago
by Edge
4 years 14 weeks ago
by The Editor
Neighbor tresspassing
I have a fence which borders the property line of a neighbor. The ownership of the fence has recently come into question. I have lived at this propert...
1 4 years 16 weeks ago
by Anonymous
4 years 16 weeks ago
by The Editor
Can a Condo Association legally collect fines?
I know that a Condo association is allowed to levy fines however, there does not seem to be any course for the association to collect said fines. For...
1 4 years 16 weeks ago
by cjebbs
4 years 16 weeks ago
by The Editor
Declaration of homestead for multifamily home or condo?
I own a three family home in Massachusetts and I want to record a declaration of homestead. I live in one of the units and rent out the other two. C...
1 4 years 16 weeks ago
by Hoagie
4 years 16 weeks ago
by The Editor
Trees bordering property
My neighbors have 5 very tall pine trees that border my property. They are taking over our yard, house and vehicles. They are ruining my garage roof...
1 4 years 17 weeks ago
by sue g
4 years 17 weeks ago
by admin
Can a home owners association legally shut the water off to one of it's members for non payment of its dues for a shared well
One member owes back fees of over a thousand dollars for their part of a shared well ,can the water use be legally shut off to them for non payment by...
0 4 years 17 weeks ago
by Anonymous
n/a
Homeowner Association Fines.....are they legal?
My HOA is fining residents, but there is no statutory authority to do so. Condos are authorized to levy reasonable fines, but HOAs are not subject to ...
2 4 years 18 weeks ago
by mke039
4 years 18 weeks ago
by mke039
statutory exemptions
My mother currently owes back property tax for a few years and just found out that she can apply for a statutory exemption. My question is does the s...
0 4 years 18 weeks ago
by Anonymous
n/a
Condo Association Submission Address
We recently changed managing directors in our condo association and I need the address to mail the change to in Massachusetts.
0 4 years 18 weeks ago
by Wayne P. Rindone
n/a
Must home seller accept full price offer in MA?
Hello, I am trying to sell my condo. My neighbor upstairs has a similar property but is doing a short sale through the bank, selling the unit for $146...
1 4 years 19 weeks ago
by themaddog
4 years 19 weeks ago
by The Editor
transfer of estate property
I was named as executor of my father's estate, and later my brother was added. Do I need to have his signature as co executor to transfer or sell real...
1 4 years 19 weeks ago
by Anonymous
4 years 19 weeks ago
by The Editor
Property Damaged by Fire on Neighbors Property
My property experienced damage due to a fire at my neighbors property. How do I recover the difference between what my Insurance is willing to pay aft...
2 4 years 20 weeks ago
by JD
4 years 20 weeks ago
by JD
Joint tenancy and one takes mortgage
My client and her father were deeded a home as joint tenants. A few years later, the father took a mortgage on the property. Under title theory this...
0 4 years 20 weeks ago
by pjm6321
n/a
Neighbor not maintaining his land
I own a house on a plot of land next to a vacant plot of land. The vacant plot of land is declared "unbuildable" by the town assessor(Wakefield). I ...
1 4 years 20 weeks ago
by maace
4 years 20 weeks ago
by The Editor
Tax Foreclosure Sale
When a city forecloses on a property for past due taxes and places it up for auction, does any right to first refusal still hold? At that point when...
0 4 years 21 weeks ago
by Anonymous
n/a
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 4 years 21 weeks ago
by wisdom08
4 years 21 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 4 years 28 weeks ago
by crzegocki
4 years 21 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 4 years 21 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 4 years 21 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 4 years 21 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 4 years 22 weeks ago
by Anonymous
4 years 22 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 4 years 22 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 4 years 22 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 4 years 22 weeks ago
by marcyellers
4 years 22 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 42 weeks ago
by WayneK
4 years 23 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 4 years 23 weeks ago
by Condomess
4 years 23 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 5 years 18 weeks ago
by Anonymous
4 years 24 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 4 years 28 weeks ago
by cottoncandie07
4 years 24 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 4 years 25 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 4 years 25 weeks ago
by Anonymous
4 years 25 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 4 years 25 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 4 years 26 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 4 years 26 weeks ago
by Anonymous
4 years 26 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 4 years 26 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 4 years 26 weeks ago
by Anonymous
4 years 26 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 6 years 13 weeks ago
by joejoe
4 years 27 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 4 years 28 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 4 years 28 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 4 years 28 weeks ago
by laxmark
4 years 28 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 4 years 30 weeks ago
by Anonymous
4 years 29 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 4 years 31 weeks ago
by Milton7
4 years 31 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 4 years 31 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 4 years 32 weeks ago
by BerkleyResident
4 years 32 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 4 years 33 weeks ago
by or2nh4me
4 years 32 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 4 years 33 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 4 years 35 weeks ago
by Anonymous
4 years 35 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 4 years 35 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 4 years 36 weeks ago
by puzzledlandlord
4 years 36 weeks ago
by The Editor

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