Lawyers, Answer Questions  & Get Points Log In
Massachusetts Land Use & Zoning Questions & Answers
2 Answers | Asked in Land Use & Zoning, Real Estate Law, Tax Law and Municipal Law for Massachusetts on
Q: Why would a town restrict occupancy of my home from year round to 6 months if I sell the property? Is there a loophole?

I would like to buy the home but I fear upon purchase, the house would go into a 6 month occupancy (required by the town). I would prefer to keep the house year round. Is there a workaround? Has new legislation opened things up?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023

The reasons for a town to restrict the occupancy of a home from year-round to 6 months may vary depending on the specific regulations and zoning laws in that area. However, it is often done to preserve the character of the community, maintain the quality of life for residents, and prevent... View More

View More Answers

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Massachusetts on
Q: Can HOA covenant be forced on abutting parcel that is NOT part of the deeded covenants to the subdivision boundaries?

An abutter (private parcel, NOT part of the HOA/subdivision) wants to develop their adjacent lot for a single family home in Massachusetts. Certain people have suggested that this parcel may be forced to become subject to the HOA covenants, even though those covenants, maps and recorded deeds... View More

Christopher Tolley
Christopher Tolley
answered on Nov 9, 2022

Based on your explanation of the situation, if the HOA documents do not describe the abutting property as part of the HOA, it is not subject to the HOA covenants. I cannot think of circumstances under which abutting property could be 'forced' to become part of the HOA unless there is... View More

1 Answer | Asked in Family Law, Real Estate Law and Land Use & Zoning for Massachusetts on
Q: No Tittle No Registration.

My Grandmother left 2 lands in PR to 4 siblings more then 50 years ago. My mother was leaving in one of the land and my uncle build a house in the second land. All siblings has deceased. I went to PR to find out under who's name was both lands. Theres no record of registration couldn't... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 15, 2023

It sounds like the first step would be to contact a real estate attorney In Puerto Rico to see if there is real estate still owned by your grandmother. If there is, then the next step would be to determine where your grandmother was a resident at the time of her death as the law of the State of... View More

2 Answers | Asked in Estate Planning, Land Use & Zoning, Real Estate Law and Tax Law for Massachusetts on
Q: I owe real state taxes for the city of Methuen MA Can I set up a payment plan are there any options

The total real state taxes with fees and penalties is around 30000, can a payment plan be in placed so I don’t loose my home and also be on time with my current tax bill

Christopher Tolley
Christopher Tolley
answered on Jan 7, 2022

Contact the tax collector, explain your situation, and see if you can arrive at a payment plan.

View More Answers

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Massachusetts on
Q: Can a deal be made with the city of Methuen if you owe taxes on real state

I was having a rough couple years domestic violence, health ,unfortunately , I owe real state taxes for the city of Methuen they want to foreclose on my property can I make a payment plan is there anything I can do , my situation has change and I’m able to pay the taxes moving forward and setting... View More

Christopher Tolley
Christopher Tolley
answered on Jan 7, 2022

Contact the tax collector, explain theyour situation, and see if you can arrive at a payment plan.

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Traffic Tickets for Massachusetts on
Q: My tiny street is a right of way over other properties . Can my neighbors park on it obstructing our view and safety?

On a tiny private road only 15-20 feet wide, my neighbors (before my home) have been using it as a parking lot. It's not impassible, but it makes life difficult as we can't see down the street from our driveway due to the blockage, and now the kids have this reduced view when riding their... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 10, 2021

If it is a private way it would seem that it should be unobstructed for use in that way.

You should have your deed reviewed and your title insurance potentially might cover litigation to stop the parking or you will need to engage counsel.

View More Answers

1 Answer | Asked in Civil Rights, Elder Law, Land Use & Zoning and Municipal Law for Massachusetts on
Q: What can I do? My bad neighbor dumped junks (big old larger snow plow and more) to my property 4 days ago.

It is impossible to sell my house with all the heavy junks they dumped into my property. I need to sell my house.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 17, 2021

Also sounds like a real estate trespass case.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Massachusetts on
Q: If I own two properties that abuts a paper road do I have more rights then my Neigbor?

I live in a private neighborhood my house has a separate piece of land that I pay taxes on and the paper road was designed for this piece of land. My Neigbor is trying to Claim the whole paper road as his front yard? He’s even trying to clear my half of the paper road from its natural brush so... View More

Christopher Tolley
Christopher Tolley
answered on Jan 12, 2021

Under the derelict fee statute, G.L. c. 183, s. 58, title to property abutting a way carries with it either (i) ownership to the midpoint of the way, when the grantor retains land on the other side of the same; or (ii) ownership of the entire width of the way, when the grantor does not own land on... View More

View More Answers

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Massachusetts on
Q: If a right of way starts at a street and ends at a lakefront is this or any RIGHT OF WAY BE BLOCKED BY TREES ETC, legal

Am I wrong in believing that right of ways need to be kept clear of anything preventing its use .. trees etc

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 15, 2020

This is a question of how long the trees have been there. Are they newly planted or have they been there for under 20 years? If so, then sounds like a trespass matter.

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Massachusetts on
Q: Can I get away with NOT paying rent considering the following "Force Majeure" statement in my rental lease document?

The Force Majeure paragraph: (Pandemic part)

Whenever a period of time is prescribed for the taking of an action by Landlord or Tenant (other than the payment of the Security Deposit or Rent), the period of time for the performance of such action shall be extended by the number of days... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 20, 2020

No. The definition you are relying upon expressly excludes "payment of the Security Deposit or Rent."

1 Answer | Asked in Land Use & Zoning for Massachusetts on
Q: My town changed the classification of my home from a single family to a multifamily after purchase. Is this legal?
Timothy E. Angley
Timothy E. Angley
answered on Jun 26, 2019

This is legal especially if the zone that the house resides in already allows for multifamily use. Is the home being used as/designed for a multifamily use? Does the valuation on the home reflect a multifamily or single-family designation?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Massachusetts on
Q: Our drinking well is on a property that was sold. Does the person who bought the land need to drill us a new well?

What if we don't want a new well and want to keep the one we have on his property?

Christopher Tolley
Christopher Tolley
answered on Apr 12, 2019

If the well was on your property and you sold the land, you should have made some provision for retaining an interest in that land, like an easement, so you can keep using the well. If you did not, there may be an issue with the current owner because if you have no easement, you may not have a... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Massachusetts on
Q: I have a lot next door with no owner. How would I go about aquiring the lot? It abutts my property and 3 others.

There is a property next door to me that has no record of an owner. I have done some homework and have paperwork and boundaries for all of the properties around me, but nothing regarding a recent owner for this lot. I am interested in purchasing it, but have no idea who to purchase it from.

John Espinosa
John Espinosa
answered on Apr 10, 2018

Every property is owned by someone. Start with the tax assessor's office records, which should be online. From there you get an owner name address and deed reference that you can do further research with. Www.masslandrecords.com for the registry of deeds records, including plans.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Massachusetts on
Q: Does a landlord need to remove the second kitchen when combining two apartments as is done in New York?

I have not found any regulations stating that an apartment may not have two kitchens in Massachusetts. I'm moving in with a couple that recently had their apartment combined with another unit and the landlord capped the gas in the second kitchen under the impression (or advisory) that it was... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 14, 2017

It depends on your local zoning and building rules. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Massachusetts on
Q: Q: I live across from a commercial property. What is the comm. prop. owners limits as to what he can do with his land.

A boatyard that is now being used for heavy equipment. Construction vehicles coming and going, gravel, concrete, dust, noise, etc. From quiet and peaceful to slamming of dump truck doors at 8:00 AM 5 days a week, The noise is nerve racking. Less than 30 yards from my windows. Thank you for any... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 20, 2017

It depends on the zoning. You can sue for nuisance and report illegal noise disturbance to the police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Massachusetts on
Q: HOA not being reasonable about children living in the condominium. Using Fines, and other methods, to restrict play...

We own a condo with an HOA, we have two children ages 2 and 5 (one who has developmental delays and is a little loud at times.) The HOA, siting numerous complaints from several neighbors (who they do not identify), fined us for violations that directly/indirectly are due to children living and... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 17, 2017

Have a lawyer review the terms of your HOA agreement and specific facts of your dispute. I handle such matters. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.