Adverse Possession (Massachusetts)

Definition:
According to Barron’s Law Dictionary , Adverse Possession is “a method of acquiring complete title to land as against all others, including the record owner, through certain acts oven an uninterrupted period of time, as prescribed by statute. It is usually prescribed that such possession must be actual, visible, open, notorious, hostile, under claim of right, definite, continuous [and] exclusive.” Read More about Adverse Posession

Attachments

Definition:
According to Barron’s Law Dictionary, an attachment is “a proceeding in law by which one’s property is seized: ‘a proceding to take a defendant’s property into legal custody to satisfy plaintiff’s demand. The object of the proceeding is to hold property so taken for the pament of a judgment in the event plaintiff’s demand is established and judgment rendered therefore in his favor.’” Read More About Attachments.

Bankruptcy and Real Estate Transactions

Any bankruptcy case instituted prior to October 1, 1979 is governed and continues to be governed by the Bankruptcy Act of 1898, as amended. Any case instituted on and after October 1, 1979 is governed by the Bankruptcy Code of 1978. The filing of a bankruptcy petition by a debtor triggers an “automatic stay” which immediately halts virtually all actions, including foreclosures, against the debtor and his property or property of the bankruptcy estate. Read more

Buying a Condominium in Massachusetts

Owning a condo offers certain special benefits, but also creates certain special obligations that every buyer should be aware of. Condominiums are usually run by an association of all the owners which perform services for the unit owners such as maintenance of the common area, snow removal, and repairing the common grounds and structures. In return, owners of condominium units pay a fee for these services, and abide by certain restrictions that apply to every unit owner.   Buyers of condominiums should understand their rights and obligations before entering into an agreement to buy a condominium unit. There are two unit condominiums and two hundred unit condominiums; the owner’s rights and obligations vary differently for each type of condo. Read More.

Buying a House in Massachusetts

Whether you currently own a home or are buying your first, coordination and preparation are essential for a smooth and successful closing process. Coordination becomes most important when a current home owner needs the proceeds from the sale of their present home to fund the purchase of a new home. Careful preparation and a thorough understanding of the process, including the possibility of delay in either a purchase or a sale, can eliminate risk and greatly increase the likelihood that all will go as planned. Involving a real estate attorney to negotiate the deadlines in the purchase and sale agreement can be a great help. Read More.

Top Five Items That Buyers and Sellers Disagree On When Buying and Selling a Home in Massachusetts

There is a famous painting hanging in the conference rooms of far too many real estate firms entitled “The Closing.” It depicts a room crowded with people, most of whom seem quite unhappy with one another. As cliché as this painting has become, it conveys what happens all too often during the closing process: buyers and sellers fight one another.

Below is a list of the most frequent topics of dispute that can often be softened with the assistance of a real estate attorney at the appropriate stage of the transaction: Read More