I am looking to purchase a home in Wareham, but there are legal complications regarding property encroachment. The house encroaches on the neighboring property by about 10 feet. In 1999, the original owner received a permit for an addition, crossing onto town-owned land, which was later purchased... View More

I am a licensed North Carolina real estate professional currently residing in Massachusetts. I initially agreed to receive a referral fee from a Massachusetts brokerage when I was affiliated with a firm in NC, but I am no longer affiliated due to moving. Can I receive these referral fees paid... View More

I live in Massachusetts, and my father bought a home through an auction website using my cousin's auction account. As a result, my cousin's name was added to the deed. My father has paid for 100% of the home and all related expenses. We've lived in the house for seven years, while my... View More

I want to sue my neighbors to have them fix both sides of the thin wall between our properties that they caused due to their greed, which they have admitted while discussing the issue. They wanted to make the house as big as possible, leading to unbearable noise for about a year.

The noise... View More

My ex-spouse and I divorced 15 years ago, and I was awarded sole ownership of our home. However, my ex-spouse's name was never removed from the deed. Unfortunately, my ex-spouse has since passed away. The divorce decree specified that his name was to be removed from the deed immediately. I... View More

a person owned land and divided it into 4 house lots and put in a basic road. The Town did not make him take a bond to finish road. He filed for bankruptcy and eventually died. The properties were owned jointly with his brother and his brother is still considered the title owner of the land that... View More

Christopher Tolley
answered on Mar 4, 2025

The abutters to the road are deemed to own to the middle of the road and therefore it is possible that the four owners of the lots pay the taxes for the road. TI suggest you direct this question to the taxing authorities of the town.

I operate a commercial unit in Massachusetts where the water supply, drawn from a private well, is not potable. Despite my landlord acknowledging this issue in the lease, and repeated requests for resolution, he has refused to address it. The well water serves multiple tenants and buildings,... View More

I was informed by our condo management company of a main electrical shutdown for our building scheduled for tomorrow at 1 AM, giving only 15 hours' notice. This limited notice is inadequate for preparing an emergency life-support system for my tropical fish, potentially putting them at risk.... View More

I share a common driveway with six neighbors, and the section of the driveway where the accident occurred is owned by Neighbor A. During a snowstorm, Neighbor A's daughter was obstructing the uphill section of the driveway as she struggled to drive up. She made several unsuccessful attempts... View More

Tim Akpinar
answered on Feb 24, 2025

A Massachusetts attorney could advise best, but your question remains open for a month. This is a difficult setting. You could raise the argument that had she let you pass, the accident would not have occurred, and that you had reason to be anxious about being struck by her. She could raise the... View More

My friend Lisa was the sole beneficiary of her mother Barbara's trust. The original loan was a $100k HELOC between Santander and Barbara in 2010. Barbara died in 2012 and Lisa became the owner. In 2017 Lisa was able to assume and modify Barbara's original loan with Santander and the new... View More

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Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2025

If the Bank has the actual mortgage and note, then it makes no difference if there is a recorded assignment or not. If the note is in default, foreclosure will ensue.

My father died without a will. Me and my two sisters signed the house over to my oldest sister and brother-in- law with a quit claim deed. The courthouse here in Greenfield Mass, says this deed is legal and he doesn't need a deed signed by a lawyer. My brother-in-law has payed the the taxes on... View More

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Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2024

If the lender does not want to refinance, that is their choice. Owner might try another lender to refinance. The deed may have violated the due on sale clause which could start foreclosure.

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I have been divorced for many years and would like to get my ex-husband's name off the mortgage and deed to the house. When we got divorce divorced, I assumed all responsibility for the house including mortgage payments, repairs, maintenance, etc. He has not paid any money toward the house at... View More

Brian Waller
answered on Nov 5, 2024

This is nearly always specified in the Separation Agreement or Judgment of Divorce. If not, it may not have come to the judge's attention that there was real estate held in the names of both parties. Either way, you can remove your ex-husband's name from the mortgage by either refinancing... View More

There are three issues to be addressed. The failure to present us with the Security Deposit Bank Statement identify the bank, account #, amount of deposit and interest rate. Housing law says that if the landlord does not present this to the tenant within 30 days of payment, the default rate of 5%... View More

Christopher Tolley
answered on Nov 5, 2024

Gather all your paperwork and consult with Greater Boston Legal Services or whatever attorney assistance program is available in your area. The security deposit statute is detailed and the landlord may have violated it entitling you to damages or at least an argument that you owe them nothing.

inherited from our parents, if we don't let her live in the house! She has made it clear that she plans on doing whatever she has to, to get everything she can get from us, she has told him that. If his name wasn't on the title, could she still go after us?

She has posed for... View More

Christopher Tolley
answered on Oct 29, 2024

It is possible your brother's wife could get his interest in the property upon his death or if he transfers his interest in the property to her. The wife's acts appear to affect him, not you, so any action against the wife would have to be initiated by him.

We sold our home in June 2021. We accepted an offer and have a signed OFFER TO PURCHASE REAL ESTATE agreement. The prospective buyer put down a binding deposit. Before the offer expired buyer backed out due to a family disagreement. We eventually sold the home. My RE agent and his attorney reached... View More

Christopher Tolley
answered on Sep 23, 2024

It is unclear from your note what the circumstances were at the time the buyer backed out so it is difficult to tell whether the sentence you quoted unequivocally gives you a right to the deposit. Practically, brokers are reluctant to release deposits of this kind without all parties'... View More

Can a property deed for jointly owned property in Massachusetts contain language (if mutually agreed upon by the joint owners) within the deed that prevents any joint owner of that property from selling his share of that property without the consent of the other joint owners and if so is such... View More

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Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

Such an executory estate might be drafted, but it would be difficult for the other tenants to enforce. It could also be deemed unenforceable as a restraint against alienation. No competent attorney would draft such a questionable conveyance. There are many other estates to consider which will... View More

My home was illegally foreclosed in 8/19/19 and then sold in an online auction in 11/15/19 while in the middle of litigation between the bank and myself. The 3rd party brought SP. Judge Winik from the start has assumed that plaintiff has the right to title. He asked me if I maintain the house by... View More

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James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2024

To transfer your case from Housing Court to Superior Court, you need to file a motion to transfer jurisdiction. This motion should include a detailed explanation of why the Superior Court is the appropriate venue, emphasizing any legal or procedural errors made by the Housing Court, such as the... View More

My family is selling a house owned by 6 siblings. They sold it (or are trying to) to a man who wrote them 6 separate personal checks. They all signed some kind of paperwork (unclear what), but left with no paperwork of their own to prove they sold the house. The checks were for approx 80k each, 10k... View More

John Michael Frick
answered on Jul 12, 2024

You may have an optimistic view of how quickly state government employees work. It is perfectly possible that the buyer, or escrow agent from the title company, promptly tendered the deed with the necessary recording fee and it hasn't been processed yet.

But it is unwise that the... View More