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MA Real Estate Law Questions and Answers

Topic	Replies	Created	Last reply
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	2 years 8 weeks ago by mke039	2 years 8 weeks ago by mke039
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	2 years 8 weeks ago by Wayne P. Rindone	n/a
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	2 years 8 weeks ago by Anonymous	n/a
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	2 years 7 weeks ago by Anonymous	n/a
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	2 years 7 weeks ago by sue g	2 years 7 weeks ago by admin
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	2 years 6 weeks ago by Hoagie	2 years 6 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	2 years 6 weeks ago by cjebbs	2 years 6 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	2 years 6 weeks ago by Anonymous	2 years 6 weeks ago by The Editor
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	2 years 4 weeks ago by Edge	2 years 4 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	2 years 4 weeks ago by Liz	2 years 3 weeks ago by admin
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	2 years 2 weeks ago by Anonymous	2 years 2 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 2 weeks ago by Tosa	1 year 35 weeks ago by Tosa
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	2 years 1 week ago by njtg	2 years 1 week ago by The Editor
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	2 years 1 week ago by Rasa	2 years 4 days 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	2 years 5 days ago by nsmith	2 years 5 days 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	2 years 3 days ago by rmac01503	n/a
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	2 years 3 days ago by Leigh	2 years 3 days 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	1 year 51 weeks ago by Grett8	1 year 43 weeks ago by campease
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	1 year 50 weeks ago by nsmith	1 year 50 weeks ago by The Editor
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	1 year 49 weeks ago by joem21	1 year 49 weeks ago by The Editor
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	1 year 48 weeks ago by Anonymous	n/a
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	1 year 48 weeks ago by Anonymous	1 year 48 weeks ago by admin
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	1 year 48 weeks ago by chrisgriff76	1 year 46 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	1 year 47 weeks ago by jone8521	1 year 46 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	1 year 47 weeks ago by Anonymous	n/a
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	1 year 47 weeks ago by mbishop145	1 year 46 weeks ago by mbishop145
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	1 year 46 weeks ago by DeMint	1 year 46 weeks ago by admin
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	1 year 45 weeks ago by montie616	1 year 45 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	1 year 45 weeks ago by Anonymous	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	1 year 45 weeks ago by FML	1 year 44 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	1 year 45 weeks ago by pacnwnative	1 year 45 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	1 year 44 weeks ago by suzayaya	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	1 year 44 weeks ago by pmm	1 year 44 weeks ago by The Editor
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	1 year 44 weeks ago by frustratedneighbor	n/a
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	1 year 44 weeks ago by Anonymous	1 year 43 weeks ago by campease
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	1 year 43 weeks ago by amfriedman	1 year 43 weeks ago by The Editor
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	1 year 42 weeks ago by MartaG59	1 year 42 weeks ago by The Editor
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	1 year 42 weeks ago by tl2011	1 year 42 weeks ago by admin
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	1 year 42 weeks ago by KWV	n/a
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	1 year 41 weeks ago by Anonymous	1 year 41 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	1 year 41 weeks ago by almac508	1 year 41 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	1 year 39 weeks ago by KKM	1 year 39 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	1 year 39 weeks ago by prophetkyodiru	1 year 39 weeks ago by The Editor
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	1 year 39 weeks ago by puzzledlandlord	1 year 39 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	1 year 38 weeks ago by Anonymous	1 year 38 weeks ago by sameguy
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	1 year 37 weeks ago by Bett78	1 year 37 weeks ago by The Editor
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	1 year 37 weeks ago by Peter Armstrong	1 year 36 weeks ago by TLF (not verified)
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	1 year 36 weeks ago by Anonymous	n/a
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	1 year 35 weeks ago by Donner	1 year 35 weeks ago by The Editor
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	1 year 34 weeks ago by eggman2001	1 year 34 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	1 year 33 weeks ago by annamal00	n/a
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	1 year 33 weeks ago by puzzledlandlord	1 year 32 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	1 year 33 weeks ago by Anonymous	1 year 33 weeks ago by The Editor
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	1 year 32 weeks ago by puzzledlandlord	1 year 32 weeks ago by admin
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	1 year 32 weeks ago by CambridgeLandlord	1 year 32 weeks ago by CambridgeLandlord
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	1 year 31 weeks ago by WDJ	1 year 31 weeks ago by The Editor
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	1 year 31 weeks ago by ftown34	n/a
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	1 year 30 weeks ago by Anonymous	n/a
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	1 year 30 weeks ago by mke039	1 year 29 weeks ago by The Editor
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	1 year 28 weeks ago by Jersey	1 year 28 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	1 year 28 weeks ago by SW9219	n/a
lot line dispute My neighbor and I are disputing our shared lot line. We know our survey is correct yet he feels his is correct as well. Is that possible? and if so,...	4	1 year 27 weeks ago by MA-41	1 year 4 weeks ago by Molly4
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	1 year 27 weeks ago by uggh	n/a
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	1 year 26 weeks ago by Anonymous	1 year 26 weeks ago by The Editor
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	1 year 26 weeks ago by BurtG	1 year 26 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	1 year 26 weeks ago by puzzledlandlord	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	1 year 25 weeks ago by Fish	1 year 25 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	1 year 25 weeks ago by benemack	n/a
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	1 year 23 weeks ago by Benton9	1 year 23 weeks ago by The Editor
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	1 year 23 weeks ago by lnama	1 year 23 weeks ago by The Editor
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	1 year 23 weeks ago by grimmylina	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	1 year 23 weeks ago by Catherine68	1 year 22 weeks ago by Catherine68
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	1 year 22 weeks ago by bakachanxxx	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	1 year 22 weeks ago by Renucci	1 year 22 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	1 year 22 weeks ago by scarming	n/a
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	1 year 21 weeks ago by JamesSpade	1 year 21 weeks ago by The Editor
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	1 year 20 weeks ago by Anonymous	1 year 20 weeks ago by The Editor
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	1 year 20 weeks ago by Anonymous	n/a
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	1 year 19 weeks ago by stevec311	1 year 19 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	1 year 19 weeks ago by puzzledlandlord	1 year 18 weeks ago by puzzledlandlord
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	1 year 18 weeks ago by Gaige82	1 year 18 weeks ago by admin
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	1 year 17 weeks ago by siminsez01	1 year 16 weeks ago by admin
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	1 year 16 weeks ago by Kizi001	n/a
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	1 year 16 weeks ago by Grimm4	1 year 16 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	1 year 15 weeks ago by threephase480	1 year 15 weeks ago by The Editor
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	1 year 15 weeks ago by donnap60	1 year 15 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	1 year 15 weeks ago by dcollins166	n/a
Title vs deed When my husband and I purchased our house 20 years ago - our deed states that it was as Tenants by the Entirety. Several refinances later it appear...	1	1 year 15 weeks ago by donnap60	1 year 15 weeks ago by The Editor
offer to purchase additional terms with estate sale Hi everybody. I am trying to make an offer on a house, which is an estate sale. As I understand, the executor of the will has a duty to accept the ...	0	1 year 15 weeks ago by ilya980	n/a
Amenity use fee for lessee in Massachusetts Is it legal in Massachusetts for landlords or owners of large apartment complexes to charge amenity fees for things like using the gym or the pool. I...	1	1 year 13 weeks ago by Blong	1 year 13 weeks ago by The Editor
Condominium roof question I live in a Cambridge condo (old building, circa 1890s) and my association recently learned that the developer who renovated our building in 2005 inst...	2	1 year 13 weeks ago by Thaddeus	1 year 12 weeks ago by admin
Verbal offers for real estate in Massachusetts I read on a real estate blog that it's OK in Massachusetts to have verbal offers and counter-offers to purchase a house. I'm confused by this because...	1	1 year 12 weeks ago by Connie4	1 year 12 weeks ago by The Editor
Unoccupied property next door - What are the options? The house next to mine has been unoccupied for more than 30 years, is boarded up and the property is completely unmaintained. There is recent sign of ...	1	1 year 11 weeks ago by bobwat34	1 year 11 weeks ago by The Editor
Tenant violating condo association rules Hello, I am renting my condo to a couple who has a dog. They have twice allowed the dog to "do it's business" on the property and have not cleaned i...	1	1 year 11 weeks ago by mnmMA	1 year 11 weeks ago by The Editor
legal basis for breaking a lease My current living situation: Two of the tenants that where there when I moved in decided to move out at the end of August, the landlord choose who mov...	0	1 year 10 weeks ago by nash.h	n/a
Disputed property line, Massachusetts property I have a little dispute about my property line. My neighbor recently had a survey done because he's planning on making a large addition to his house a...	4	1 year 10 weeks ago by Chucker	1 year 4 weeks ago by jamesdecoulos
Right of first refusal in Massachusetts I'm considering buying a home in Massachusetts that is subject to a right of first refusal in favor of the former husband. The buyer was married to t...	1	1 year 8 weeks ago by Groen	1 year 8 weeks ago by The Editor
Adverse possession of land declared Urban Wild I have 2 issues: #1 30(+) years ago my parents built a wooden deck at the end of their property. The deck is NOT attached to the house. At the t...	3	1 year 7 weeks ago by pkh	1 year 6 weeks ago by jamesdecoulos
Broom clean or swept before purchase of condominium I am in the process of purchasing a Condo in Boston, MA and I am wondering if there is any law around the seller cleaning/touching up normal wear and ...	1	1 year 7 weeks ago by Alexp	1 year 7 weeks ago by The Editor
Adverse Possession of lawn? We have lived in our home for 16 1/2 yrs. Prior to that the previous owners had the home for 2 1/2-3 yrs. Our lawn abuts woods that belongs to the h...	1	1 year 7 weeks ago by J.J.	1 year 7 weeks ago by The Editor