Last week, I settled a case concerning the City of Boston Yard Sale Program. The lawsuit I brought concerned some interesting topics in Massachusetts real estate law, which will inevitably arise again for other properties purchased through this program. What is the City of Boston Yard Sale Program? The City of Boston Yard Sale Program was a program that the City of Boston administered to sell vacant lots across the city. Boston had acquired many vacant lots from tax foreclosure sales and other means over the years and wanted to preserve them for open-space purposes. Under this program, the ci ..read more

Settling real estate disputes is my goal for every case I take on. In nearly every circumstance, both parties in a legal dispute can better resolve the matter without prolonged litigation or trial. In this blog post, I’ll share some advice I’ve learned about settling real estate disputes over the years. “Play The Long Game” One of the biggest mistakes in real estate matters is not playing “the long game” in resolving these types of disputes. This is when a party only looks at the short-term issues in such a case, not the long-term implications. A good example of this arises in landlord-tenant ..read more

The question of how to respond to a petition for partition usually arises when a property owner receives a lawsuit from Land Court or Probate and Family Court, notifying them that a co-property owner wants out of jointly owned property. Here, I’ll discuss what should be done in response to such a partition. Understanding Partition Partition is a legal process for dividing jointly owned property. If any owner wants to sell their portion of the property, and the other owners refuse, a partition action may be filed, asking the court to either (a) sell the property or (b) physically divide it amo ..read more

Any party involved in an appeal of a Massachusetts zoning decision should know the possibility of zoning appeal bonds for cases involving a special permit, variance, or site plan decision. Appealing a Zoning Decision Zoning decisions in Massachusetts are made at the local level by individual towns and cities. Depending on the particular relief, an applicant for zoning relief must apply to the appropriate zoning board of appeal, planning board, or other administrative board. These boards hold a public hearing on the matter and issue a written decision with findings of fact and law. A party dis ..read more

Many property owners are shocked to learn about the many legal implications that can arise from the seemingly simple act of putting up a fence around one’s yard. From my experience in handling boundary disputes among neighbors, I would estimate that most of these problems arise from the construction of an unwelcomed fence. Here, I’ll share some advice on how to avoid such problems. As a rule, I never give advice that I don’t follow myself, and here is no exception. The picture above is the fence in my yard, that is falling apart and in need of repair. I’ll be following my advice below to avoi ..read more

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A recent article discusses a growing trend of millennials buying a home with others. The reasons for doing so make complete sense, given rising home prices and a competitive buyer’s market. Here, I’ll discuss some things to consider before making such a decision. Buying a Home With Others: What Happens When Someone Wants Out? The most important thing to know about buying a home with others is what happens when one of the owners wants out. Dividing property among married persons is done through a divorce case. For non-married persons, the process is different. Understanding this process is imp ..read more

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It’s a common misconception that every lawsuit ends up before a judge and jury (as we commonly see on TV and in the movies). Instead, most legal cases are settled out-of-court, through an agreement among the parties. In my nine years of litigating real estate disputes, most (if not all) legal disputes should be resolved without the need for trial. The time and enormous expense of litigating a case can often be avoided through a mutual settlement. Parties often have the option of going into mediation in an attempt to resolve a legal dispute. Mediation is where both parties meet with a trained ..read more

Dividing a home becomes necessary when multiple persons or businesses own property together, and one wants out. For married couples, the process of dividing such property generally occurs through a divorce. For non-married persons, such as siblings who own inherited property together, the legal action for dividing a home is known as partition. Here, I’ll discuss what to know about such a case. What is Partition? Partition is a legal process to force the sale of property. Any owner of property, with almost no exceptions, has a right to such a sale. In some, limited cases, the court can physica ..read more