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Massachusetts Municipal Law Questions & Answers
2 Answers | Asked in Land Use & Zoning, Real Estate Law, Tax Law and Municipal Law for Massachusetts on
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?

Christopher Tolley
Christopher Tolley
answered on Feb 27, 2023

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.

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2 Answers | Asked in Land Use & Zoning, Real Estate Law, Tax Law and Municipal Law for Massachusetts on
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?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 4, 2023

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... Read more »

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1 Answer | Asked in Real Estate Law, Tax Law and Municipal Law for Massachusetts on
Q: Can one town foreclose if the property is in two separate communities and other town's taxes are current?

I bought a home that's 1/2 in 1 town and 1/2 in another - the dwelling is > 80% in Town A. Original mortgagee escrowed & paid property tax only to Town A. The mortgage has been transferred twice & modified once, & still the error wasn't discovered. Now, over 10 years in, I... Read more »

Christopher Tolley
Christopher Tolley
answered on Aug 19, 2022

I think Town B probably has a right to foreclose on its lien but my guess is it has not done so because of the issues you raised. Whether Town B does or does not foreclose, I do not see any alternative but your #1. I do not see the value of ignoring Town B. You already have no equity in the... Read more »

1 Answer | Asked in Criminal Law and Municipal Law for Massachusetts on
Q: is it legal to take a bus stop sign off the ground if there's already a replacement up in place?

they're the exact same sign in the same place, this one was just untouched on the ground for a few months & i like it because its a stop right down my street

Lissa McKinney
Lissa McKinney
answered on Apr 4, 2021

Of course it is! You stole a sign that belonged to the city that was doing replacements. Whether it was trash or not or abandoned might be e defense if you are accused or get caught. If it was lying there for months it may have been begging to be taken but it did not belong to you and you did not... Read more »

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.

1 Answer | Asked in Criminal Law and Municipal Law for Massachusetts on
Q: I'd like to know in your professional opionion what I should do with a criminal case in Maryland.

On October 18th, 2013 I failed to appear in court in Worcester county for a small possession charge (less than .2 grams. I was smoking a joint the summer of 2013 when I was stopped by officers who confiscated a small joint roach (the end of the joint) and arrested me on the spot. I failed to appear... Read more »

Ismail Mohammed
Ismail Mohammed PRO label
answered on Aug 15, 2017

Good afternoon,

If the possession is for under an ounce of marijuana, the case should be dismissed. I would suggest you call an attorney in Massachusetts. You will have to appear in court to get the default removed and hopefully have the case dismissed the same day. You will not be able...
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1 Answer | Asked in Employment Law, Business Law and Municipal Law for Massachusetts on
Q: In a restaurant if patio is closed can they still make us came in and fill other positions as if we were on call? Ty
Jonathan R. Roth
Jonathan R. Roth
answered on Apr 19, 2017

An employer has the right to ask a waiter or anyone else to come in to work. The question is whether you are required to go in if you were not scheduled. The fact is that you are not required to go in, but assuming you are an employee at will there is nothing to stop the employer from terminating... Read more »

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