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MA Real Estate Law Questions and Answers

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Topicsort iconRepliesCreatedLast reply
"Boarding House and Utilities?
I started renting some rooms as a tenant in a house recently. It is Tenancy at Will, based on a (uh-oh) verbal agreement between me and the landlord....
1 6 years 13 weeks ago
by Anonymous
6 years 13 weeks ago
by The Editor
"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 6 years 14 weeks ago
by Anonymous
3 years 22 weeks ago
by admin
"Re-Renting Fee" When Breaking Lease
I broke my lease but found a replacement for my landlord who they approved and they moved in the same day i moved out. My landlord charged me a full ...
1 6 years 29 weeks ago
by ct
6 years 29 weeks ago
by The Editor
12 month lease that extends month to month
I had a 12 month lease that expired on 9/30/2008. The lease says that "Unless terminated as hereinafter provided this lease shall be renewed fo...
1 6 years 41 weeks ago
by jdooders
6 years 41 weeks ago
by The Editor
16 dating 24 and DSS in the middle?
23-Jun-2008 8:13 PM -- carl Ok. I've researched MA law to the moon and back and everything states 16 is the age of consent. That's just ...
0 6 years 50 weeks ago
by admin
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 5 years 6 weeks ago
by votewithyourfeet
5 years 5 weeks ago
by smarcus
19 days notice to move out and refusing to pay rent due
A month-to-month tenant gave 30 days notice and was going to move out on the 18th of the following month. The tenant decided that they wanted to move...
1 6 years 35 weeks ago
by Anonymous
6 years 35 weeks ago
by The Editor
2 unit condo abandoned - who's responsible?
I purchased at auction one unit of a two-unit condominium that was abandoned by it's original owner (he owned both units). The bank foreclosed on my s...
0 42 weeks 1 day ago
by mikefasci
n/a
2-unit Condominium Trustee Dispute
Property is a one, 2-story residential building that was a single gut rehab converted into 2 condo units in 2011. My unit consists of the lower level...
0 18 weeks 1 day ago
by rmk79
n/a
3 Warrants in MA
20-Feb-2008 10:42 AM -- Eric1015 Hello,I just would like a best course of action and what I might expect regarding the below:Dec 2006 I ...
0 6 years 50 weeks ago
by admin
n/a
30 day notice to vacate to end expiring lease
I am a new landlord with the first 12 month lease of my rental property coming to an end in about 42 days. This week I notified the tenants via email...
3 1 year 19 weeks ago
by tedd07
1 year 16 weeks ago
by The Editor
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 5 years 12 weeks ago
by Sheila Bogen
5 years 12 weeks ago
by The Editor
40B condo unit fees
At present, our Association has 4 40B units in our complex. They pay a much lower condo fee than the other 12 units. Just came accross an article th...
1 2 years 25 weeks ago
by oaker
2 years 25 weeks ago
by admin
40B home
My husband and I purchase a 40b home in 2007. He is leaving and I want to know if I can keep the house with my new boyfriend or if I have to sell it b...
1 5 years 51 weeks ago
by doodles515
5 years 51 weeks ago
by The Editor
40B housing
I want to buy a 40b condo that has the following guidelines 1 person 44,750, 2 people 51,150, 3 people 57,550, 4 people 63,900, 5 people 69,050 Hou...
1 23 weeks 6 days ago
by amandaconte
23 weeks 6 days ago
by Boston Probate ...
40B Unit Owners on Board of Trustees
If stated in the Deed Rider that 25% of Board Members shall be Affordable Unit Owners if they are willing. Can the Board remove them by a vote just be...
0 5 years 29 weeks ago
by rmac01503
n/a
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 3 years 33 weeks ago
by bakachanxxx
n/a
Abandoned Property
18-Jun-2008 8:00 AM -- Landlord What do I do when my tenant abandons the unit and leaves property behind? 18-Jun-2008 8:...
0 6 years 50 weeks ago
by admin
n/a
Abandonment of right of way
Is there a law in Mass that gives a time limit on NON use of a right of way ?? Someone told me that if you do not use your right of way in 9 yrs that ...
2 43 weeks 2 days ago
by cgaspari
43 weeks 2 days ago
by Robert Nislick
Above Ground Pool in a Single Family rental property
Hello dear, I own a single family in MA and would like to lease it. I do NOT want the Tenant(s) to have access to the "existing above ground pool"...
1 23 weeks 3 days ago
by Habib Azar
23 weeks 2 days ago
by The Editor
Abutting property owner pushing snow into my yd
Abutting neighbor' who owns 3 family made his backyard into a driveway,. His backyard now a parking area for his tenants is raised 3 ft above mine. Th...
0 19 weeks 4 days ago
by Molly4
n/a
AC turnover
23-Apr-2008 12:34 PM -- scigenius Hello,I live in a condo where heat and AC is included in our condo fees. We were informed that in an ...
2 6 years 50 weeks ago
by admin
6 years 14 weeks ago
by The Editor
Accepting a higher rent than advertised
We are new landlords and advertised our apartment at a rent that we now realize was too low. We were mobbed at the open house and now several people ...
1 1 year 5 weeks ago
by Kwaring548
1 year 5 weeks ago
by The Editor
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 3 weeks ago
by FML
Accidentally broken window in condo common area
Hello, My fiance accidentally broke a small window while bringing in groceries. The window is part of the interior door leading into her condo's hall...
0 1 year 4 weeks ago
by santihdz
n/a
Adding addition to condominium.
I purchased a townhouse condo and would like to expand the study room to become a second bedroom. Should I talk to trustee? or just get permit directl...
1 1 year 7 weeks ago
by Chiung
1 year 7 weeks ago
by The Editor
additional charges for property tax, insurance and water/sewer
Is it legal to charge for all of these on top of rent if is written into the lease? This question is from the renter not the landlord
1 6 years 26 weeks ago
by jpd
6 years 26 weeks ago
by The Editor
Adjustor issue if Condo Master Insurance does not cover owner betterments?
I own one of 15 free-standing condo cottages on Cape Cod. Our by-laws currently require "all-in" coverage for our condominium Master Insurance. Any ad...
3 5 years 42 weeks ago
by Jackiemcq
5 years 42 weeks ago
by admin
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 5 years 13 weeks ago
by Anonymous
5 years 13 weeks ago
by The Editor
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 5 years 13 weeks ago
by Anonymous
5 years 13 weeks ago
by The Editor
adverse possession
I live in Norton and purchased additional land in 2006. The abutter is a pub/bar room on a parcel of only approximately 3000 sq. ft. This business has...
1 31 weeks 1 day ago
by Robert Lee
31 weeks 23 hours ago
by Boston Probate ...
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 3 years 8 weeks ago
by homeowner1
3 years 8 weeks ago
by The Editor
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 3 years 12 weeks ago
by nancyanthony55
3 years 12 weeks ago
by admin
Adverse possession and registered land
I can claim adverse possession back to 1979 on a small space of my backyard enclosed with a fence since that time, but now told it cannot apply due to...
0 13 weeks 2 days ago
by Patty K
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 3 years 52 weeks ago
by Anonymous
3 years 51 weeks ago
by alisonb12
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 2 weeks ago
by Anonymous
4 years 2 weeks ago
by campease
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 3 years 18 weeks ago
by pkh
3 years 17 weeks 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 3 years 18 weeks ago
by J.J.
3 years 18 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 12 weeks ago
by njtg
4 years 12 weeks ago
by The Editor
Adverse possession with underground utilities
There is a electric utility pole in my back yard, which supplies me with electric service and communication services, as well as my next door neighbor...
2 1 year 1 week ago
by hamov57
1 year 1 week ago
by hamov57
Affordable Housing - assesments
My mother owns a condo unit in a 55+ association in North Reading. There are 7 affordable housing units out of 26 total units. I understand the "inter...
0 18 weeks 6 days ago
by Chooch55
n/a
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 49 weeks ago
by Anonymous
3 years 49 weeks ago
by sameguy
Agisters Lien/Collection of debt
27-May-2008 3:03 PM -- sara I have a client at my stable that owes me 3,890.00. I cannot release the horses as that is the only incentiv...
0 6 years 50 weeks ago
by admin
n/a
Air conditioner
16-Jun-2008 8:18 AM -- tam_e_m I replaced the through-the-wall air conditioner 2 years ago and my tenant says it's "not working" now and...
0 6 years 50 weeks ago
by admin
n/a
All Condo Financial Records Intentionally Shredded
When the Board of Trustees switched mgmt. cos. the previous mgmt. co. shredded virtually every invoice, bank statement, canceled check, etc. according...
1 5 years 27 weeks ago
by gregparkave
5 years 27 weeks ago
by The Editor
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 3 years 24 weeks ago
by Blong
3 years 24 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 45 weeks ago
by rrichm999
n/a
Apartment deposit - didn't tell me the snow-covered yard was full of sharp rocks
Hi-I have a large, elderly dog who has diffuclty walking and uses a canine wheelchair. I told the broker/"landlord's representative" this up front and...
0 6 years 21 weeks ago
by Anonymous
n/a
Apartment parking
27-Mar-2008 7:40 AM -- Guest Is it legal for a landlord to charge the tenants of an apartment building a monthly fee for parking their c...
0 6 years 50 weeks ago
by admin
n/a
Appeals Court and judicial delays
14-Aug-2008 7:18 AM -- Linda This case has been going on since the spring of 2005.Long story - I live out of state and have an attorney...
0 6 years 50 weeks ago
by admin
n/a
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 45 weeks ago
by eggman2001
3 years 45 weeks ago
by The Editor
Are Condo Parking Easements Taxable?
Hello, I have owned a parking easement (non-deeded reserved parking in condo garage) in Boston for the past few years and have not been subject to ...
0 1 year 2 weeks ago
by BARRJ
n/a
Are e-mails binding
We intially accepted a loosly worded offer, via e-mail, to sell our intrest in a family home.(the other parties also agreed to the offer). We, however...
0 5 years 29 weeks ago
by Anonymous
n/a
Are fee rights to land the same as easement rights?
My neighbor sold me a house and she failed to reserve her rights to a abutting paper street/private way. She sold me the house under her name as indiv...
0 2 years 8 weeks ago
by Danielle
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 27 weeks ago
by Anonymous
4 years 27 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 33 weeks ago
by or2nh4me
Are trees subject to setback laws
Neighbor moved in 30 days ago and has been rapidly making improvements to property - a good thing. The distance between our houses is approx 22 ft wi...
2 2 years 6 weeks ago
by tulipsmoran
2 years 6 weeks ago
by tulipsmoran
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 4 years 4 days ago
by KWV
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 27 weeks ago
by Anonymous
4 years 27 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
Back rent owed to new owner after sale of building?
My building where I reside was recently sold. I owe back rent to the previous owner. I was given an eviction notice for the back rent from the new own...
0 44 weeks 6 days ago
by peiharkness
n/a
Backing out of signed P&S for house still not yet bulit
We have signed P & S for a new construction home which is yet to be built, and we realized that the location is not that great. At that time of signin...
0 2 weeks 2 days ago
by kimi
n/a
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 3 years 16 weeks ago
by napoleon1815
3 years 16 weeks ago
by The Editor
Basement apartment.
It is illegal to rent an apartment in a basement with two bedrooms, alone?
0 28 weeks 3 days ago
by Blessings48
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
Board of Trustees and Mass Open Meeting Law
Does MA Open Meeting Laws apply to Condominium Board of Trustees? Specifically, is it against MA law for 2 or more Trustees to secretly meet (not info...
1 6 years 30 weeks ago
by Anonymous
6 years 30 weeks ago
by The Editor
Boston rubber membrane roof question
Our condo association, a 4 unit triple decker in Boston, is looking at roof repair following the historic winter. We have now received conflicting inf...
0 11 weeks 6 days ago
by jprepo1
n/a
Boundary dispute
My neighbor has just moved the boundary stone wall between our two properties on to my property (about 3 feet). I have just had a surveyer confirm thi...
0 39 weeks 5 days ago
by talvil
n/a
Boyfriend Wants to Move in, Change in Lease?
Hey everyone, My two friends and I recently signed a lease for a two bedroom apartment and moved in. We signed the lease in mid December and moved ...
0 26 weeks 1 day ago
by Loasaur
n/a
Breach of Purchase & Sale Agreement.
We had a buyer walk away from their offer and signed P&S because her son freaked out when he found out he would not be abble to attend the H.S. he...
1 6 years 11 weeks ago
by Craig
6 years 11 weeks ago
by The Editor
breaking a lease
my daughter is in a situation with an unstable person. She is renting a room in a persons house and has a lease til end of May 2009. Things aren't wor...
1 6 years 31 weeks ago
by Anonymous
6 years 31 weeks ago
by The Editor
Breaking a Lease that hasn't started yet
Hello, I've recently signed a lease on an apt effective 7/1. To this point, I've paid a realtor's fee, an application fee and the last month's ren...
1 6 years 17 weeks ago
by bjf143
6 years 17 weeks ago
by The Editor
breaking a lease with lead involved
Hello I am trying to get out of my lease. My son is 4 and has been diagnosed with a developmental delay (last month) and we want to move out of the ...
3 6 years 28 weeks ago
by bostonmom888
6 years 28 weeks ago
by The Editor
Breaking a lease without a clause
With the economy still hurting, my roommate and I have found that we will need to break our current 2 year lease after the first full year as we will ...
1 6 years 13 weeks ago
by Anonymous
6 years 13 weeks ago
by The Editor
Breaking Apt. Lease to Buy House
What kind of penalties can be incurred from breaking an apartment lease to move into a newly purchased home?
1 6 years 49 weeks ago
by Anonymous
6 years 49 weeks ago
by The Editor
breaking lease in MA while on section 8
Hi I'm on section 8 in Massachusetts and broke my lease due to needing to relocate to help assist with a parent who fell I'll. I sent my 30 day notice...
1 2 years 10 weeks ago
by cup11
2 years 10 weeks ago
by The Editor
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 6 weeks ago
by Anonymous
n/a
Broken Lease in MA- Tenant liable when higher rent sought by landlord?
We broke our lease. Landlord was given over a month's notice before the "break" date. They have had a number of realtors showing the place, but they a...
1 2 years 1 week ago
by dofplato
2 years 1 week ago
by The Editor
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 5 years 11 weeks ago
by gregorilla
3 years 28 weeks ago
by SleepyJay
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 3 years 18 weeks ago
by Alexp
3 years 18 weeks ago
by The Editor
Builder/Developer not meeting closing dates
I signed a purchase and sale agreement in April with a closing date of ON OR BEFORE JULY 31, 2015. I am purchasing a new condo which is currently bei...
1 3 weeks 6 days ago
by tryingtomove
3 weeks 6 days ago
by Boston Probate ...
Bullies on the Board
I have a few questions. First, is it legal for the board to "hand select" their members, ie "You can only get on the board by being invited by a curr...
0 6 years 26 weeks ago
by Very Frustrated
n/a
Burden to maintain easement?
I'm interested in buying a home (B) that shares a driveway with two other homes (A & C). I looked at the plot plans and the common drive (w/easements...
0 5 years 38 weeks ago
by Anonymous
n/a
Buyer backing out of sale of Condo in MA
If I listed my condo as a 1 bedroom that is 579 square feet and the condo association says it is a studio, but the building inspector says it is a leg...
1 2 years 8 weeks ago
by larzo
2 years 6 weeks ago
by Local Lawyer
Buyer Wouldn't Sign P&S - Can Seller Keep Deposit
We are selling our home for sale by owner. We received an offer, accepted it. The buyers completed a home inspection, we agreed upon repairs. Then ...
3 5 years 23 weeks ago
by srh
5 years 22 weeks ago
by The Editor
Buyer's Title Insurance coverage for encroachment?
Does buyer's title insurance cover any costs to remedy or defend against encroachment suits? I bought my house last year that has a relatively new st...
1 5 years 18 weeks ago
by Anonymous
5 years 18 weeks ago
by The Editor
Buying a house with a tenant under lease
30-Mar-2008 5:35 PM -- deens7 I'm looking at a two-family house, where one of the apartments has a tenant with a lease until August (5 m...
0 6 years 50 weeks ago
by admin
n/a
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 3 years 5 weeks ago
by Chip15
n/a
Cambridge Condo Owner Renting Out Entire Unit on AirBnB - Legal?
We live in a condo in Cambridge Massachusetts. One condo unit owner rents out his entire unit on Airbnb when he is out of town. It is annoying tha...
0 18 weeks 5 days ago
by annoyedneighbor
n/a
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 17 weeks ago
by cjebbs
4 years 17 weeks ago
by The Editor
Can a developer change the building size requirements in restrictive covenants
Builder has changed the minimum building size in restrictive covenants reducing the size by almost 1/3. The last section in the agreement states that ...
0 43 weeks 27 min ago
by duffy
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 33 weeks ago
by BerkleyResident
4 years 33 weeks ago
by The Editor
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 18 weeks ago
by Anonymous
n/a
Can a landlord refuse to renew a Mass lease for an
29-May-2008 10:06 AM -- Guest Hi,My landlord is refusing to renew our lease, citing noise complaints. We disagree with the complaints, ...
0 6 years 50 weeks ago
by admin
n/a
Can a MA homeowner's association revoke members' voting rights?
My homeowner's association is trying to revoke the voting rights of members in arrears. I'm current, but we are all only one car accident away from a ...
1 2 years 37 weeks ago
by mschwa1967
2 years 37 weeks ago
by TheLawyerKnows
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 3 years 16 weeks ago
by michael123
n/a
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 5 years 8 weeks ago
by Gmijohn
5 years 8 weeks ago
by The Editor
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 5 years 5 days ago
by Anonymous
5 years 4 days ago
by The Editor
Can a tenant prevent a landlord from selling his/her property?
I have a property that is currently being rented out. The lease expires in 2 months time. Four months ago, I put the property up for sale, shortly a...
1 6 years 34 weeks ago
by ashia
6 years 34 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 5 years 3 weeks ago
by Anonymous
5 years 3 weeks ago
by The Editor

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