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MA Real Estate Law Questions and Answers

Topic	Replies	Created	Last 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	4 years 1 week ago by Anonymous	4 years 1 week 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	4 years 2 weeks ago by Anonymous	1 year 10 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	4 years 17 weeks ago by ct	4 years 17 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	4 years 29 weeks ago by jdooders	4 years 29 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	4 years 39 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	2 years 47 weeks ago by votewithyourfeet	2 years 46 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	4 years 23 weeks ago by Anonymous	4 years 23 weeks ago by The Editor
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	4 years 39 weeks ago by admin	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	3 years 6 days ago by Sheila Bogen	3 years 6 days 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	14 weeks 2 days ago by oaker	14 weeks 1 day 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	3 years 39 weeks ago by doodles515	3 years 39 weeks ago by The Editor
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	3 years 17 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	1 year 22 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	4 years 39 weeks ago by admin	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	4 years 39 weeks ago by admin	4 years 2 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	1 year 44 weeks ago by FML	1 year 44 weeks ago by FML
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	4 years 15 weeks ago by jpd	4 years 15 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	3 years 30 weeks ago by Jackiemcq	3 years 30 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	3 years 2 weeks ago by Anonymous	3 years 2 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	3 years 1 week ago by Anonymous	3 years 1 week ago by The Editor
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	49 weeks 9 hours ago by homeowner1	49 weeks 1 hour 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	1 year 3 days ago by nancyanthony55	1 year 3 days ago by admin
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 40 weeks ago by Anonymous	1 year 40 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	1 year 43 weeks ago by Anonymous	1 year 43 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	1 year 7 weeks ago by pkh	1 year 6 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	1 year 6 weeks ago by J.J.	1 year 6 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	2 years 4 days ago by njtg	2 years 4 days 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 37 weeks ago by Anonymous	1 year 37 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	4 years 39 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	4 years 39 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	3 years 15 weeks ago by gregparkave	3 years 15 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	1 year 12 weeks ago by Blong	1 year 12 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	2 years 34 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	4 years 9 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	4 years 39 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	4 years 39 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	1 year 33 weeks ago by eggman2001	1 year 33 weeks ago by The Editor
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	3 years 18 weeks ago by Anonymous	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	2 years 15 weeks ago by Anonymous	2 years 15 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	2 years 22 weeks ago by or2nh4me	2 years 21 weeks ago by or2nh4me
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 41 weeks 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	2 years 15 weeks ago by Anonymous	2 years 15 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	2 years 20 weeks ago by Milton7	2 years 20 weeks ago by The Editor
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	1 year 4 weeks ago by napoleon1815	1 year 4 weeks ago by The Editor
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	2 years 10 weeks ago by wisdom08	2 years 10 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	4 years 18 weeks ago by Anonymous	4 years 18 weeks ago by The Editor
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	4 years 1 day ago by Craig	4 years 1 day 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	4 years 20 weeks ago by Anonymous	4 years 20 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	4 years 5 weeks ago by bjf143	4 years 5 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	4 years 16 weeks ago by bostonmom888	4 years 16 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	4 years 1 week ago by Anonymous	4 years 1 week 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	4 years 37 weeks ago by Anonymous	4 years 37 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	1 year 46 weeks ago by Anonymous	n/a
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	2 years 52 weeks ago by gregorilla	1 year 17 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	1 year 6 weeks ago by Alexp	1 year 6 weeks ago by The Editor
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	4 years 14 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	3 years 26 weeks ago by Anonymous	n/a
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	3 years 11 weeks ago by srh	3 years 11 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	3 years 6 weeks ago by Anonymous	3 years 6 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	4 years 39 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	45 weeks 5 days ago by Chip15	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	2 years 5 weeks ago by cjebbs	2 years 5 weeks ago by The Editor
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	2 years 21 weeks ago by BerkleyResident	2 years 21 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	2 years 6 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	4 years 39 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	25 weeks 5 days ago by mschwa1967	25 weeks 5 days 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	1 year 5 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	2 years 49 weeks ago by Gmijohn	2 years 49 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	2 years 41 weeks ago by Anonymous	2 years 41 weeks 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	4 years 22 weeks ago by ashia	4 years 22 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	2 years 44 weeks ago by Anonymous	2 years 44 weeks ago by The Editor
Can Bankruptcy Stop Foreclosure? I own a home in Massachusetts, but I think the bank is going to foreclose. Can I stop them by filing for bankruptcy?	1	4 years 27 weeks ago by Locks95	4 years 27 weeks ago by The Editor
Can Chapter 40B units be change to equal ownership in the Master Deed? Hello, I purchase a 40B condo in a new development in 2006. We have 3 40B units with approximatley 4.8% ownership and all others have about 9% owner...	1	28 weeks 18 hours ago by Denise C	21 weeks 2 days ago by jonasjacobson
Can he do that? I live in an 11 unit complex an the builder (owning 25.18%) was sent to collections by our prior propterty manager (who he agreed to hire even though ...	0	4 years 23 weeks ago by Stillmissing	n/a
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 38 weeks ago by prophetkyodiru	1 year 38 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	2 years 36 weeks ago by Anonymous	2 years 36 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 38 weeks ago by The Editor
Can I get My Security Deposit Back after Foreclosure My landlord says my apartment building is being foreclosed, he may file bankruptcy, and he does not have my security deposit anymore. Do I have optio...	1	4 years 18 weeks ago by Drop	4 years 17 weeks ago by The Editor
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	2 years 25 weeks ago by puzzledlandlord	2 years 25 weeks ago by The Editor
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	3 years 5 days ago by danfahey	3 years 5 days ago by The Editor
Can I purchase or rent part of condo common area basement? We are in need of more space and are considering using part of the unfinished basement common area in our 6 unit condo building. Option 1: We buy ...	1	47 weeks 5 days ago by snoonan	47 weeks 5 days ago by The Editor
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	2 years 32 weeks ago by Anonymous	2 years 32 weeks ago by The Editor
Can I trespass on neighbor's property to make repairs? I need to make some repairs to my windows but my neighbor won't let me. Is there any law in MA that allows me to go on my neighbor's land (trespass, ...	5	3 years 35 weeks ago by DickL	1 year 6 weeks ago by admin
Can I use power of attorney to sign deed? My dad is trying to sell his house (located in MA) but he lives in Florida now. I think we have a buyer and my dad is wondering if he can do a power ...	1	3 years 18 weeks ago by Shell	3 years 18 weeks 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 50 weeks ago by Grett8	1 year 43 weeks ago by campease
Can my broker represent me instead of seller? I know that in Massachusetts the broker represents the seller but can I negotiate with my current real estate broker so that she represents me rather ...	1	3 years 14 weeks ago by Carol	3 years 14 weeks ago by The Editor
Can my neighbor fill in a ditch that would cause my property to flood? I have been maintaining a drainage ditch that existed long before we bought our house 13 years ago. Without regular clean out my back yard floods ever...	1	31 weeks 5 days ago by Ditched	31 weeks 5 days ago by The Editor
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	2 years 39 weeks ago by nightlifemp	n/a
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	2 years 14 weeks ago by akyriakakis	n/a
Cannot sell my condos because I own more than 10% of units The current Fannie Mae, Freddie Mac, and FHA, condominium regulations will not back loans for a condo if one owner in the condominium owns more than 1...	1	5 weeks 12 hours ago by mnjg	3 weeks 1 day ago by TheLawyerKnows
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	2 years 36 weeks ago by pongmaster21	n/a
Carbon Monoxide Detectors I heard Massachusetts law forces my landlord to install carbon monoxide detectors in my apartment, but she says I should do it myself. Who is right. ...	1	4 years 24 weeks ago by Anonymous	4 years 24 weeks ago by The Editor
Carbon monoxide detectors when selling home in MA I,m selling my home by myself without a broker and I need to know about the new carbon monoxide detector law in Massachusetts. Is it like the smoke d...	1	3 years 25 weeks ago by Anonymous	3 years 25 weeks ago by The Editor
Certified Copy of Deed 17-Jan-2008 7:25 AM -- James I own a home in Massachusetts. Should I always keep a certified copy of my deed on hand? And, if so, how ...	0	4 years 39 weeks ago by admin	n/a
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 17 weeks ago by Gaige82	1 year 17 weeks ago by admin
Change in loan rate after commitment letter Can my lender force me to pay a higher loan rate (5.375) than the one in my commitment letter (5.125), if the commitment doesn't expire until March 16...	1	4 years 14 weeks ago by catiba	4 years 14 weeks ago by The Editor
Change of names on deed and mortgage Guest0 post 3-Jul-20086:19 AM My girlfriend and I bought a house together. We are now spit and I am paying for the mortgage (3-years). How do I get t...	0	4 years 39 weeks ago by admin	n/a
Closing date on real estate sale in MA In Massachusetts is there any legal requirement about the closing date chosen by the seller and buyer of real estate? Can it be a very short period l...	1	3 years 8 weeks ago by SallyM76	3 years 8 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	2 years 2 weeks ago by Anonymous	2 years 1 week ago by The Editor
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	3 years 3 weeks ago by dent73	3 years 2 weeks ago by The Editor