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Real Estate Law Archives

It's your land, isn't it? The answer could be yes and no

You want to purchase a piece of property. As you review the deed and legal description of the property, you discover that someone else has the right to use a portion of it. Easements are fairly common, but that does not mean that you shouldn't review them to determine how they will affect your use of the property.

Clouds and disputes: When a title search reveals trouble

You have found the property for which you've been looking. Whether you intend to purchase a new home or a building for your business, it is not easy to find the place that has everything on your wish list. When you do, you certainly want to act quickly to secure the property.

PRIVATE WAY MAINTENANCE AND REPAIR RIGHTS AND OBLIGATIONS, PART I: COMMON LAW

Massachusetts contains thousands of private streets and ways; on and along those ways innumerable residents of this Commonwealth live. We know that the Derelict Fee Statute operates to resolve ownership questions regarding these private ways. However, the "statute pertains only to the question of ownership of the fee [in a private way]"; it does not govern use, maintenance, or other rights and/or obligations over a way, which, for the purposes of this blog post, fall within the province of the common law of easements. Adams v. Planning Bd. of Westwood, 64 Mass. App. Ct. 383, 389 (2005).

Starting a business? Choosing the right location is key.

There are many things to consider when starting a business, and one of the most important is choosing the right location. Location is the key element in any real estate transaction, and, like buying a home, it is important to put the effort and time into researching, budgeting and making the best choice for the success and longevity of your Massachusetts small business.

Phillips & Angley Win Summary Judgment on Judicial Estoppel, Recoupment, and Quantum Meruit in Land Court

On November 14, 2016, the Land Court, Foster J., issued a Memorandum and Order Allowing Plaintiff's Motion for Summary Judgment in Fitchburg Capital, LLC, v. Bourque, Land Court Docket No. 12 MISC 464577 (RBF) in which the Court granted summary judgment for P&A's client, Plaintiff, Fitchburg Capital, LLC. The Memorandum and Order dismissed the Defendant's counterclaims for recovery of rental income pursuant to theories of conversion and accounting. In doing so, the Court agreed with Fitchburg that the Defendant's counterclaims were barred by all of three asserted bases: judicial estoppel, recoupment, and quantum meruit (unjust enrichment). Fitchburg's motion was successfully argued by Robert K. Hopkins, Esq.

What constitutes a legally binding real estate agreement?

Gone are the days when all real estate transactions are individually signed by each party and completed contracts are exchanged on paper. Rather, in today's digital age, many dealings are handled through electronic signatures, or what are deemed to be electronic signatures, with no exchange of actual signed paper documents. While this has sped up the pace of forming and finalizing real estate contracts, and created great convenience for buyers, sellers, real estate agents and attorneys, it also raises important questions about when and if a contract has been formed, the terms of that contract and, of course, has created fertile ground for disputes. There are two primary types of disputes that have emerged. One concerns whether negotiations conducted via email or even text message can form a valid and binding agreement. The second involves whether a written contract, the terms to which have been agreed to, can be made effective without an ink to paper signature. In either instance, it behooves participants in transactions involving the sale or lease of real property to understand what constitutes a legally binding agreement in the state of Massachusetts.

Choosing A New Business Location? Consider These 4 Things.

Location. Location. Location. It's a phrase that anyone who has considered buying property knows well. When it comes to residential property, location can have a major impact on lifestyle and livability. When it comes to a new brick and mortar business, it can mean the difference between success and failure.

Is Boston facing another real estate bubble?

While banks are attempting to take advantage of Boston's commercial real estate market, there are concerns regarding another possible real estate bubble. Lending by the Boston area's 25 largest banks has risen by approximately 40 percent over the past three years. The national average during this same period was 16 percent.

CHAPTER 7 OF BANKRUPTCY CODE & STATUS OF JUDICIAL LIENS ON REAL PROPERTY POST-DISCHARGE

In Christakis v. D'Arc, 471 Mass. 365 (2015), the SJC addressed the interplay between Chapter 7 of the Bankruptcy Code, judicial liens on real property, and the interplay between state and federal law. Specifically, the issue on appeal was "whether judicial liens on real property remain valid after the owner of the property receives a discharge under Chapter 7 of the Bankruptcy Code."