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Massachusetts Land Use & Zoning Questions & Answers
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... Read 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.

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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... Read 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... Read more »

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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... Read 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... Read 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... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. 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... Read 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... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. 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,... Read 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... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. 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,... Read more »

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