In general, new homes must be constructed pursuant to the current requirements of local Massachusetts real estate zoning bylaws. Under some circumstances, however, the zoning bylaw may provide for an exception, such as for existing structures. In an October 7, 2019 opinion, the Appeals Court of Massachusetts considered whether a…
If you are planning to construct a new home on your recently purchased property, a Massachusetts real estate attorney can guide you through the legal process. Typically, new residential construction is subject to local zoning laws, illustrated in a September 16, 2019 case. The plaintiffs in the case had reportedly…
For many owners of residential beach homes in Massachusetts, their ocean view is an important and enjoyable part of their property. In order to make certain changes to the home, therefore, local zoning laws generally require a special permit or variance. In a July 12, 2019 Massachusetts real estate case,…
Local zoning regulations generally promote the safety and general welfare of the community, while also encouraging the most appropriate use of the land. In a July 11, 2019 Massachusetts real estate case, the plaintiffs sought to overturn a decision by the local planning board that waived the requirements of a…
In Massachusetts, land owners may file a petition in Land Court to determine the validity of, or the extent to which, a zoning bylaw or land use ordinance may affect the use, improvement, or development of their land. In a July 1, 2019 Massachusetts real estate case, the plaintiff brought…
Constructing a dwelling on a vacant lot usually involves some legal considerations, as well as approval from the local Massachusetts zoning authority. Individuals who are denied a building permit may appeal to ensure that the matter was correctly decided under the law. In a June 3, 2019 Massachusetts property case,…
Making a significant change to residential property in Massachusetts typically requires approval from the local zoning authority. That decision may be subject to several levels of appeals by the homeowners and other parties aggrieved by the outcome. Proceeding with the changes, despite a pending appeal, may cause complications further down…
Some homeowners impacted by a proposed change to a nearby property may have a way to legally oppose approval of the plan. In a May 3, 2019 Massachusetts real estate case, the Appeals Court of Massachusetts reviewed the issuance of a building permit to the defendant, a real estate developer. …
In Massachusetts, certain uses and activities must be permitted under local zoning laws or approved by the proper authority before they are allowed to take place on a specific parcel of property. In a March 21, 2019 Massachusetts zoning case, the plaintiffs sought to reverse a local decision that prevented…
November 4, 2016, Massachusetts voters passed legislation authorizing the legalization, regulation, and taxation of recreational cannabis in Massachusetts. The Massachusetts statute allows cities and towns to adopt their own ordinances and zoning bylaws imposing reasonable safeguards on the operation of marijuana establishments. The plaintiffs in a March 7, 2019 case…