Dealing with restrictive covenants can feel daunting, especially when they limit what you can do with your property. Restrictive covenants can limit use and/or development potential of land. It can be possible however to relax or remove a restrictive covenant in certain situations. Below we attempt to explain the steps you might consider taking to…
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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…
On April 25th, the Province enacted a flipping tax on residential property (the “Flipping Tax”), as previously mentioned in the 2024 Budget (summarized in our blog post here). The Flipping Tax, will to apply to dispositions of residential properties (including mixed use properties) in B.C. beginning on January 1, 2025. The Province states that the…
Read More “B.C.’s New Home Flipping Tax – A Look at the New Legislation” »
Closing a real estate deal between the buyer and seller is a delicate process that requires paperwork, walk-throughs, and other professionals to progress the sale along. If the property suffers physical damage before the closing completes, it is important to know what is responsible to repair it or to ensure the home receives all due…
New Rules Aimed At Reducing Pandemic Era Case Backlogs and Delays Are the old days of packed Thursday morning summary process sessions coming back? They just may be. With the expiration of a pandemic era law called Chapter 257 and the end of the Covid-19 emergency, the Massachusetts Housing Court just released an important new…
Read More “Housing Court To Speed Up Eviction Cases and Shift To More In-Person Events” »
Hundreds of Massachusetts Homeowner’s Association (HOA) Covenants, Conditions and Restrictions (CCR’s) May Be Void and Unenforceable After a homeowner balked about paying a late fee, I was recently asked by a local homeowner’s association down the Cape to review their Homeowner’s Association Covenants. To my surprise, I discovered that in light of an under-the-radar 2017…
Read More “A Ticking Time Bomb: HOA Covenants Across Massachusetts May Have Silently Expired” »
The High Court has resisted an invitation to expand the grounds on which a party can enforce an oral contract for the sale of the land on the ground of part performance. Legislation in each State and Territory requires that contracts for the sale of land meet certain formal requirements if they are to be…
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”…
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All throughout Northern California this winter, we have seen historic rainfall from Lake Tahoe to the low-lying coastal town of Santa Cruz south of the Bay Area. While we welcome the rain after some extensive droughts and dry weather, the conditions have caused a slew of issues for our landlord and seller clients. In this…
Read More “Historic Rains and Real Estate: Important Considerations for Sellers and Landlords” »
A section 48 Notice can be significant and important for both landlords and tenants of residential property thats rented under an Assured Shorthold Tenancy (‘AST’) in England and Wales. Ensuring proper issuance and understanding of this notice can prevent legal disputes and foster clear communication. We consider and tackle section 48 notices in the context…
