What happens when an ostensibly simple construction, remodeling or rehabilitation project goes awry? You may need a real estate attorney to help protect your interests. Consider the myriad of real estate laws that can apply to such projects. Construction law regulates independent contractors and can apply to matters such as project site inspection, documentation prepared...

When a real estate developer is applying for real estate permits, getting approval from a federal agency is certainly a positive sign. However, it's not necessarily a guarantee of smooth sailing in the realm of real estate law. For example, two Massachusetts electric utility companies had expressed interest in a proposed wind turbine project on...

Information about the various permits and approvals needed to move forward with a commercial development project is provided on the websites maintained by many municipal governments in Massachusetts. For example, the Boston Redevelopment authority maintains a website where information about zoning and planning can be found. However, a real estate attorney would caution that ease...

Although it may not happen that often, the government does have the right to take private property for public use, provided other circumstances are present.

A local story provides context. According to court filings, the former owners of Boston's historic Modern Theater are seeking almost $1 million dollars from the Boston Redevelopment Authority. The BRA...

In several recent posts, we've explored the importance of obtaining permits and investigating applicable zoning laws. Without that work, zoning disputes might arise and cause significant delay and/or expense. Unfortunately, zoning disputes do not always arise in a timely manner. For example, a developer may have obtained all of the necessary...

In Massachusetts, state law governs certain aspects of the landlord-tenant relationship. In fact, the website of the Attorney General of Massachusetts contains helpful information about tenancies established by written lease and those at-will. The information is helpful for prospective tenants, especially those who might not know that they have certain protected rights. 

For example, some...

Zoning laws in Massachusetts are not set in stone, as a recent article reminds us. According to a recent vote of a Worcester City Council subcommittee, local developers may have to pay heed to new open space considerations.

Specifically, the council members approved a 131-page plan to create more city parks, rectangular fields, dog parks,...

If readers needed a sign that local zoning disputes can be big business, Boston Mayor Martin J. Walsh recently created a new senior-level zoning chief for Boston’s City Hall. The position’s duties include making regulatory and operational recommendations that impact the Boston area.

An attorney who focuses on land use and zoning might draw another...

In either a residential or commercial real estate context, an attorney might caution against unwritten easements or rights. Although current neighbors might permit certain rights of shared access or use, a new owner might bristle at any such unofficial arrangements. 

However, a recent story suggests that rental property owners in downtown areas might be taking...

Given the towering skylines of many East Coast cities, it’s not surprising that lawmakers have passed laws governing how such structures are constructed. Yet even on the smallest scale, there are many issues that can surface after an individual or company has obtained the funds to embark on a construction project. A project doesn’t have...