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Massachusetts Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can I buy common space? I want to buy the area below the deck that my neighbor & I share to add onto my condo.
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

It depends on whether it is for sale, of course. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: the court has ordered a inspection of my house, do i have to allow them to enter it? what happens if i dont?

yes the town has been after me for years to clean up my yard, and i refuse. and now they have a court order to inspect the inside of my house. do i have to let them in?

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 9, 2016

You have to obey signed and served court orders, otherwise you risk contempt charges or other criminal/ civil penalties. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Video and audio surveillance

Having a neighbor dispute both have a trespassing violation one-party has video and audio surveillance and has captured the other party crossing the property line is there is sound trees rustling in the Wind but there is no vocals from any persons is this legal can this video be submitted in a... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

It may well be admissible: I see no reasonable expectation of privacy in public and outdoors that would preclude video surveillance of a clearly visible surveillance camera used for residential property protection, especially if there's a sign indicating the existence of such a camera on the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: What can I do if a roommate don't pay deposit and rent? and break lease?

I recently got a roommate moving in. Since I'm the first one signing the lease, I already paid the full deposit.

We co-signed the lease with management office. The lease ends at December 2016. Now she's moved in for a week, not paying rent, and wants to moving out without paying... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

You can sue for breach of contract, unless you negotiate a resolution. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any... View More

1 Answer | Asked in Real Estate Law and Consumer Law for Massachusetts on
Q: Can an H.O.A. deny a homeowner permission to install an array of solar panels to a particular section of the roof?

There are existing solar panels on roof tops in the neighborhood. The front of my house faces Southwest, therefore the panels would go on the front of the roof. I was denied, appealed and denied again. The HOA recently added an addendum stating Solar panels are only considered for the side and... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 12, 2016

This sounds like a reasonable HOA measure for neighborhood beauty and uniformity concerns. Check your CC&R's for clarification on HOA rights and what repercussions (e.g., fines, injunctions, attorney's fees, etc.) you face if you intentionally violate HOA rules/ decisions. The best... View More

1 Answer | Asked in Real Estate Law and Probate for Massachusetts on
Q: Do I have a case?

My father died in 2009, he owned a two family investment property that my aunt was managing for him. After his death she collected and pocketed all the rent for 4 1/2 years. There was no mortgage. I've calculated that she made approx $75k off of the rent in that time. Do I have a case to sue her?

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

Was there a will or trust giving her such rights? Is she the owner of the property? Is there a contract giving her such rights? If not, you might have to sue unless you can negotiate a resolution. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Elder Law for Massachusetts on
Q: My father owns the house I live in if he goes into a nursing home do I have to leave the house

I have lived here for 13 years and my wife and children live here as well. I am worried because there is no trust on the house but my father has a will and on the will the property goes to myself and my brother . But if the health insurance did not cover the nursing home would they put a lien on... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

You're asking hypotheticals without sufficient facts for an attorney to answer your question. Your living situation there might be in jeopardy, but it depends on a lot of facts. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Removal of property line fence

Two siblings aquired real estate by intestate succession ( lot "A" ). As administrator I erected a fence to

separate lot "A" from Lot "B". My sibling sold his interest to the owner of lot "B" who removed the fence.

Lot "A" is now... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 8, 2016

As a co-owner (with you) of Lot A, the other owner probably has the right to remove the fence, as long as removing it doesn't lower the value of lot A. If it does, you could sue the co-owner for waste to the mutually-owned property. You might also consider suing the other owner for... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I own a waterfront on a great pond in Ma do I have to allow people to walk across my property for pleasure

I have neighbors who are related on opposite sides of my property and they want to cross my property not once a day but at times 12 to 17 times and not just the children but adults some are walking with open beer cans.

Adam Studnicki
Adam Studnicki
answered on Aug 1, 2015

If it's your property, I would be surprised, but talk to a local real estate lawyer to be sure.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice,...
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