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…
In some situations, a person may establish title by adverse possession in a legal action filed with the Massachusetts Land Court. The plaintiffs in a March 4, 2019 Massachusetts adverse possession case claimed title to an additional eight foot wide strip of land along the eastern boundary of their property. They brought the…
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…
Sharing an access road or right of way with other property owners occasionally causes conflict, as in a recent Massachusetts real estate action. The parties in the case owned adjacent lots in a residential subdivision that bordered a lake. In a January 17, 2019 decision, the Land Court was presented with…
The classification of a road as a public or private way can be significant. The decision may impact the level of control that adjacent property owners have over it, as well as the public services that are available to repair and maintain the way. In a December 19, 2018 Massachusetts real estate case,…
In Massachusetts, a homeowner may have valid legal defenses against the lender in mortgage foreclosure proceedings. In a December 27, 2018 Massachusetts foreclosure case, the issue was whether the foreclosure on the defendants’ home mortgage was void due to the bank’s failure to strictly comply with the provisions in the…