In some cases, home owners may need to seek approval from local officials before making significant changes to their properties. In a May 5, 2017 opinion, the Massachusetts Land Court reviewed a zoning board decision rejecting a building permit application filed by the plaintiff. The key question for the court was…
Property owners may apply for special permits allowing them to construct non-conforming buildings or renovations on their land. In some cases, the grant of such a permit may be challenged by abutting neighbors. The Massachusetts Land Court recently reviewed a zoning board decision in an April 6, 2017 appeal. The defendant in…
Gaining title to property through adverse possession generally requires that certain legal elements be proven in court. The Massachusetts Land Court issued a decision on April 6, 2017, discussing the criteria for acquiring ownership in such a manner. In the case, the plaintiff claimed adverse possession of an 8,600-square foot,…
Whether or not a property owner can challenge a zoning decision regarding another property depends on his or her standing. The Massachusetts Land Court decided a March 13, 2017 case in which the defendants argued that the plaintiff lacked standing to object to a local zoning board decision. The court provided…
Many local zoning bylaws regulate the use of residential property in a town or municipality. In a November 7, 2016 decision, the Massachusetts Land Court considered whether a local bylaw prohibiting airfields was invalid. The plaintiffs in the case were ordered by the town’s building inspector to cease and desist…
Individuals may have the right to appeal a decision from their local zoning board if the matter directly affects them or their property. The Massachusetts Land Court reviewed such an appeal in a January 3, 2017 case, in which the plaintiffs objected to a decision of the Zoning Board of Appeals. …
Some residential real estate deeds include provisions that limit or dictate what can be done with the property, often known as restrictive covenants. In a recent case (Mass. Land Ct. Jan. 25, 2017), the Massachusetts Land Court considered whether an option to repurchase land, styled as a restrictive covenant, could be…
In Massachusetts, a residential real estate property may be subject to restrictions contained in the deed, as well as other zoning and land use regulations. In Clish v. Paradise (Mass. Land Ct. Jan. 9, 2017), the Massachusetts Land Court decided a dispute involving neighboring residents of a subdivision development. The…
In some situations, there may be an exception to a zoning ordinance that would otherwise prohibit a particular activity or change to a property. In a recently published opinion, the Appeals Court of Massachusetts reviewed a case in which the defendant sought and received a dimensional variance from the zoning board, allowing it…
When a local planning board makes a decision regarding a real estate matter, adversely affected landowners may be able to appeal and argue their case. In Siok v. Planning Bd. of Ludlow (Mass. App. Ct. Oct. 31, 2016), the Appeals Court of Massachusetts reviewed a decision by a planning board, which…