Many of the old homes in Massachusetts were built before the current local zoning bylaws were enacted. In many situations, the bylaws exempt these homes from a particular regulation by grandfathering them. In a February 21, 2019 case, the Massachusetts Land Court considered whether a town’s zoning bylaws permanently grandfathered certain uses…
Whether a plaintiff is entitled to have a Massachusetts real estate claim decided by a jury generally depends on the type of action and the circumstances of the case. In a February 20, 2019 opinion, the Appeals Court of Massachusetts addressed an issue that had not been definitively settled in Massachusetts: whether…
Many homeowners do not realize that making structural changes to a nonconforming house usually involves a legal process for approval. In a February 8, 2019 Massachusetts zoning case, the Supreme Judicial Court examined a law that exempts preexisting nonconforming structures from local zoning ordinances and bylaws in some situations when…
If you are seeking to build your new home on property located on a flood plain or watershed, local Massachusetts zoning laws may significantly affect your plans. In a February 5, 2019 real estate case, the property owners had difficulty obtaining approval to construct a single-family home on their lot. …
Constructing or modifying a home often involves land use regulations, which may be navigated with the assistance of a Massachusetts real estate attorney. In a January 31, 2019 case, the Appeals Court of Massachusetts reviewed a decision from a local conservation commission denying the plaintiffs’ request to build a single-family…
New construction and major changes to property may have an unwelcome impact on other homeowners. Whether or not a person can formally contest a proposed change, however, depends on if they have standing to bring a legal action. The question of standing was one of the main issues in a…
Resolving zoning violations may require compromise in unusual situations. In a November 9, 2018 Massachusetts real estate case, the Land Court was tasked with deciding the fate of a house that was constructed in violation of the local zoning bylaws. The plaintiff in the case owned a single family residence across…
Owners of vacant parcels of land often seek to construct single-family homes on the empty lots. In most situations, Massachusetts property owners will need to obtain a permit from the local zoning authority to build a new home. The plaintiffs in a September 27, 2018 case sought approval to build…
Making certain changes to your property, such as dividing or building on your lot, may be subject to local zoning laws in Massachusetts. These changes typically require approval, as illustrated in an August 15, 2018 case before the Massachusetts Land Court. The plaintiff in the case owned a large parcel…
Before conducting business out of a residential home, it may be wise to consult with a Massachusetts real estate attorney familiar with the local zoning laws. The property owners involved in a July 6, 2018 case operated a commercial kennel and pet store out of their residentially-zoned property. After the…