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Massachusetts Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Massachusetts on
Q: How do I transfer a residential property I own in Puerto Rico to my brother who currently lives in the home?
Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 20, 2021

A Puerto Rico based attorney could best answer that question- it would seem to be by a Deed or transfer instrument.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Process for having someone's name removed from a mortgage. We are not married.
Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 15, 2021

Usually this entails a refinance, but it is possible your mortgage lender would work with you on a "novation" to just your name if they feel you qualify.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Massachusetts on
Q: Is it required in MA to test and de-lead an old property (1800s) before renting it out?

We have a property (1800s) that we want to rent out. However, the presence/absence of lead is unknown. As landlords, are we required to test the presence of lead (and de-lead if found) before we rent it out? Can we have the tenants sign an agreement that it has been informed to them that it is... Read more »

Christopher Tolley
Christopher Tolley answered on Jul 14, 2021

You are required to test for the presence of lead before you rent. You do not necessarily have to de-lead the property before renting, there are other ways to deal with lead paint. You cannot require tenants sign an agreement stating they accept the presence of lead on the property. This is a good... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can a lawyer submit evidence in a case that's not presented in written complaint to the court
Christopher Tolley
Christopher Tolley answered on Jul 13, 2021

Yes. In Massachusetts the complaint itself need be only a "(1) a short and plain statement of the claim showing that the pleader is entitled to relief, and (2) a demand for judgment for the relief to which he deems himself entitled." A complaint need not contain the evidence necessary to... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Merge an LLC and it's assets in NYC with an LLC in Ma..

Our family has a condo in NYC under the management of an LLC owned by my sister-in-law. We want to merge the NYC LCC and it's assets (condo) with an LLC in Boston, Ma. (owned by myself and my wife) and then close the NYC LCC. We will then do a 1031 Transfer for a property in the Boston area.... Read more »

Christopher Tolley
Christopher Tolley answered on Jul 6, 2021

There are several ways to approach this. You could register the MA LLC in NY and convey the NY condo. to the MA LLC. You could merge the two in both states, as you suggested, which would likely involve registering each LLC in the other state first. The above is not an exhaustive list of how to... Read more »

1 Answer | Asked in Real Estate Law and Banking for Massachusetts on
Q: There has been no answers and the 20 days is now 35.
Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 7, 2021

No question is posed to respond to .

1 Answer | Asked in Contracts and Real Estate Law for Massachusetts on
Q: If a real estate contract states certain property to be conveyed 90 days after sale can it be conveyed 21 years later?

Without informing me?

Lillian J. LaRosa
Lillian J. LaRosa answered on May 24, 2021

There seems to be a Purchase and Sale Agreement you are talking about? If so there would be a closing date for transfer of title. The 21 years later part of your question makes no sense and your statement "without informing me" makes no sense .

1 Answer | Asked in Estate Planning and Real Estate Law for Massachusetts on
Q: I own my home and have two children. My boyfriend is living with me, legally does he have any rights to my property?
Lillian J. LaRosa
Lillian J. LaRosa answered on May 20, 2021

It sounds like he is not on the title and did not pay toward its acquisition. Sharing living expenses should not result in an equitable interest. However, if he makes renovations or additions or pays for major pricey repairs, this could be problematic .

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Massachusetts on
Q: If I am setting up a irrevocable living trust with 2 properties do I just complete and sign in front of a notary?

I was wondering if the properties in Mass have to be reregistered at some point or is there anything about the trust setup thats common I have never done this before. Any help is greatly appreciated.

Christopher Tolley
Christopher Tolley answered on May 18, 2021

If the plan is for the irrevocable trust to own the properties, and the properties are real property, you need to convey the properties by deed from whoever owns them to the trust.

2 Answers | Asked in Divorce and Real Estate Law for Massachusetts on
Q: How do I have my Ex husband removed from the deed of our home? The divorce from 2017 states the house is to be mine.

I had a quit claim deed written up last year but he refuses to sign it. Used the law office of Donahue, Rauscher and McGrail to have this done. We didn't use legal aid when we got our divorce. I am in the process of having my loan modified and would like it in my name only as I am the owner... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 7, 2021

So, if your Separation Agreement states he is to relinquish title to you to the real estate, is there a provision concerning the procedure and timing of same, i.e., at refinance closing or sale or a date certain? If there is not a trigger or defined date you should have your attorney pursue a... Read more »

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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Massachusetts on
Q: Hello, I have a question about releasing rights under homestead.

My mother and her sister are deeded owners of our home. In 2018 the deed was re-filed to include my mom and also release homestead rights for her sisters husband. The married co-owner has since deceased and we are making sure the release of homestead clause ensures he has no right or legal... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 26, 2021

Your question is unclear and I suggest that you should state whether the last deed has more than one grantee listed and if so, does it state that the grantees are joint tenants with the right of survivorship and not tenants in common? Homestead waivers are separate documents. You should also have a... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: What is the criteria for adverse possession?

I have resided in my home for 32 years and have had a fence that separates my property from a adjacent property. The adjacent properties garage has been the separation of the two properties since I have been here . In this time I have installed 2 fences with the permission of the prior owner and on... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 15, 2021

That is actually Acquiesence to a Boundary. If sued, hire a competent attorney to defend the Boundary as the fence now stands for a long time.

1 Answer | Asked in Contracts and Real Estate Law for Massachusetts on
Q: I am looking to buy a house but, I am leasing an apartment in Andover,MA. Am I allowed to break a lease without penalty?

Am I allowed to break the lease to my apartment if I find my dream house while while my lease is yet to reach the date of termination and not have the landlord charge me rent for the remainder of my lease?

Richard Gaudet
Richard Gaudet answered on Apr 9, 2021

Typically no. The terms of a lease, if the terms follow Mass law will likely hold, and a breach of those terms will likely result in the breaching side owing any penalties due under the lease. On the other hand, if the landlord is not providing habitable conditions, or violating Mass law relative... Read more »

1 Answer | Asked in Elder Law, Real Estate Law, Estate Planning and Probate for Massachusetts on
Q: I signed over my home to my grandson . Can I reverse this decision? Is there a time limit to do this
Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 29, 2021

You have not supplied any details as to what the circumstances were and it is possible that you were victimized and coerced into doing so or not competent at the time and may be able to pursue an equity action. Pursuing action sooner is better than later and you don't want to run into any... Read more »

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 Real Estate Law for Massachusetts on
Q: How do I get title to property when a partial owner has been dead for 120 years with no heirs?

A property that has been handed down within a family and has never needed title was sold without the seller(s) being aware that one person who has owned this portion (1/9) since 1852 never passed it on to anyone.

She died in 1901. Her only surviving heir died in 1918. The last mention of... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 8, 2021

This a complex process and you really need Land Court experienced counsel to represent you if you have a title problem. I am assuming no Owners title insurance was involved at all.

2 Answers | Asked in Probate and Real Estate Law for Massachusetts on
Q: NS Wills filed like death certificates,no probates,heirsThen sell massachsetts land to me.How do i get title insuranc
Nina Whitehurst
Nina Whitehurst answered on Feb 15, 2021

Contact a local title insurance company and tell them you would like to purchase a title insurance policy.

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2 Answers | Asked in Real Estate Law for Massachusetts on
Q: I am a real estate investor that has started to participated in bank listed auctions.

If the property is occupied by owner/tenant I have heard that if you are acquiring the property for possession you are allowed to serve and evict the individual with a 30 day notice. They may appeal the eviction which can be dragged out in court for up to another 30 days. I got this legal advice... Read more »

Christopher Tolley
Christopher Tolley answered on Feb 4, 2021

Eviction of former owners is handled differently from eviction of tenants. Former owners are tenants at sufferance not entitled to notice to evict but common sense dictates they be given a reasonable amount of time to leave. I do not usually give thirty days notice but it is not unreasonable. You... Read more »

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1 Answer | Asked in Real Estate Law, Probate and Estate Planning for Massachusetts on
Q: I live in MA , my husband died last year, left no will, house in his name only and we have 2 adult children that’s all.

How do I proceed to put house in my name so I may legally sell?

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 1, 2021

If all of the children are of your marriage to him or are yours and his, then you take all of the estate. However, you will need to commence an estate in the Norfolk Probate Court if that is the residence county and seek appointment as Personal Representative and notify MassHealth Estate Recovery... Read more »

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Massachusetts on
Q: Property was owned as follows, Mother’s Estate 50%, two daughters 25% each. One daughter paid expenses of home from

Date Mother passed until sale as other daughter refused to sign sale papers if expenses were reimbursed. Expenses were placed in escrow until agreement made. A small claim suit was filed to force release of escrow, but a counter suit was filed for financial and emotional distress. What type of... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 31, 2021

A Massachusetts attorney could advise best, but your post remains open for two weeks. I'm sorry for the loss of your mother. As a GENERAL matter, there is a tort law cause of action called intentional infliction of emotional distress - but this sounds like it might be something more along the... Read more »

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