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Massachusetts Land Use & Zoning Questions & Answers

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 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 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 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 a... Read more »

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. 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. 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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