Massachusetts Real Estate Lawyer Blog
In some cases, there may be restrictions or conditions affecting the title or use of real property. The Massachusetts Land Court recently decided a real estate dispute involving the validity of a lot size restriction on a parcel of land in Nair v. Nantucket Land Council, Inc. (Mass. Land Ct. Oct. 14, 2016). One of the issues before the court was whether or not the 1982 restriction on the plaintiff’s parcel had expired under Massachusetts law.
In Nair, the lot at issue was deeded in 1982, with the defendant, a non-profit organization, named as the sole beneficiary. The deed contained a restriction on the minimum size and any division of that lot. No term or expiration date was set for the restriction, nor was there any provision made for its extension. Relevant to that restriction was the litigation surrounding the ownership of that lot and other adjoining and nearby land, since each of those cases was settled in return for the restrictions recorded in 1982. In 2012, the plaintiff and owner of the lot submitted a proposal to divide the lot to conform to a new re-zoning law. The defendant subsequently challenged the division of the lot.
Pursuant to Massachusetts statute, if a deed contains any unlimited conditions or restrictions on real property, it shall be limited to 30 years after the date of the deed or instrument. There are four exceptions to the 30-year limitation, one of which is the exception for gifts or devises for public, charitable, or religious purposes. In Nair, the defendant argued that the restriction on the lot was a gift for charitable purposes, and therefore, it was not subject to the 30-year time limitation provided by the statute.