Gloucester, MA asked in Land Use & Zoning, Real Estate Law, Tax Law and Municipal Law for Massachusetts

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?

2 Lawyer Answers

A: I cannot give you a definitive response without reviewing the by-law or other document which imposes the restriction. I suggest you get a copy of the town by-law or other document which imposes the 6 month occupancy rule and review it with an attorney of your choice.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: 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 overcrowding.

If the town has restrictions in place limiting the occupancy of homes to 6 months, it may be difficult to find a workaround or loophole. It is important to review the local zoning laws and regulations carefully and consult with a local attorney or real estate agent to determine if there are any exceptions or alternatives available.

One potential option may be to seek a variance or exemption from the town's zoning board or planning commission. This process can be complex and may require legal representation, but it could allow for year-round occupancy of the home.

Additionally, it is possible that new legislation or zoning changes may have opened up more options for year-round occupancy. Again, it is important to consult with local experts to understand any changes to the regulations and how they may impact your situation.

Overall, it is important to thoroughly research and understand the local regulations and restrictions before purchasing a property, particularly if there are any limitations on occupancy.

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.