REAL ESTATE ATTORNEY | CONSTRUCTION LAWYER BOSTON Estate Planning Attorney in Saugus & East Longmeadow, MA Saugus, MA – Request a free consultation – 781- 558-5172 & 413-224-2286
Did you know that Boundary disputes might be a threat to your property rights ?
As a Massachusetts property owner, you simply take risks to your ownership rights very seriously. You have the right to look for out a resolution Whenever there’s an issue that influences how you use your property, your plans for your house or your enjoyment of everything you own. This is especially true in situations involving a boundary line dispute. Boundary Line disputes typically occur when you and your neighbor can’t seem to agree on where the line is that separates the two properties. These disputes can easily escalate, and it may become a whole lot more than just an inconvenience for you. It may be beneficial for you to find out more about possible options.
The Right solution for your needs
When Considering ways to solve a boundary line dispute, it is smart, to begin with, the easiest and simplest solution. Sometimes, it’s possible to talk with another property owner to find out if a beneficial resolution can be reached by both parties with no necessity for legal actions. If This Isn’t an option for you, one of the next two options may work for your scenario:
1) Quiet title lawsuit — With this type of litigation, a judge will carefully review all the documentation provided and make a ruling about where the boundary line is.
2) Property poll — Before going ahead with a suit, only using a survey of the property finished can help both parties understand where the border lines are.
If one party was using a piece of property, the principle of adverse possession might apply. Property disputes and related issues are complex, and it could be in your interests to seek out guidance as you try to look for the most practical, valuable resolution to your issues.
Protect Your property rights
You Don’t need to look for a settlement to your property issues on your own. You invested a significant amount of money for your land and land, and it’s worthwhile to find experienced guidance as you work to protect your property rights in a border dispute. A comprehensive evaluation of your case can help you know what legal options may be available for you and how you’re able to move forward with the suitable plan of action for your circumstances.
Be Conscious of Boston’s Industrial zoning legislation
When considering opening, there is a lot of excitement. A brand new area of your company, starting or moving a business from scratch. Every business has different needs, but most will all need some sort of space, commercial real estate, to conduct business operations. Real estate is different from residential real estate in lots of ways. Depending on the intricacies of industry or the business, there could be regulations that can affect the company. That’s why selecting Area for commercial real estate; one wants to think about all the ways the company could be affected by that location. For instance, land use and zoning is a priority which should be considered before even looking at a property. That is a fantastic start if there is a space zoned. However, depending on your business operations, it may not be enough to sustain operations.
That is because certain Industrial business activities are regulated. By way of example, you can not open a metal store in the center of Main Street. This is for the public good and also for the success of the business since they could have problems with neighbors running machines in that part of town. There are particular municipality laws about land use and zoning one ought to be watching out for when picking commercial real estate. Specific ones will Depend on the business itself. Specific industries will be impacted by some laws, and some will not be relevant. That is the better equipped with information there is a company owner, the easier it will be to pick the commercial property place.
Is your neighbor entitled to a prescriptive easement out of you ?
Do you understand Wherever your property begins and ends ? You may not know if you possess a substantial quantity of property, along with your neighbor might not. For one reason or another, exactly where the boundary between properties is different, you chose to figure out. When you Did, you found that your neighbor is encroaching on your premises and likely has for ages. Whether your neighbor constructed a structure like a fence, barn, garage or something different, it is located partly or wholly on your premises.
A short look at adverse possession
Under this Legal idea might obtain rights upon which she or he is encroaching. To make a case for adverse possession, your neighbor would have to Satisfy the following general requirements:
1) Your neighbor is trespassing on your property.
2) Your neighbor is not hiding that he or she is on your land.
3) Your neighbor’s encroachment remains continuous.
4) Your neighbor’s encroachment must continue for the number of years.
5) Your neighbor didn’t get permission to use your land.
It Doesn’t Matter if you possessed it when it comes to starting the clock on the ownership or purchased the land. What counts is the property has been encroached on by your neighbor you own. If the time has not run, you might be able to get your neighbor. Based on the circumstances, you may decide to supply your neighbor to you using an easement for a few compensations.
Your neighbor may receive a prescriptive easement
If you choose Your neighbor to court, and she or he demonstrates the elements of adverse possession, the court may give a prescriptive easement to your neighbor to the part of your land. You can not use it due to this easement, although you still have the land. Then you could work this out if you’re fine with this eventuality. You could have the documentation. If you think You might still have the time to avoid this scenario, you might want to deal with the situation as swiftly as possible. Based on your relationship with your neighbor, the correct could be easy. To be able to discover a solution that safeguards your rights if you can not reach an amicable settlement, you might need advice and assistance.
About express and implied easements
In A crowded and busy area like Boston, space is at a premium. It’s places like this where state and implied easements are common. That is because, with space in an in this demand, you will find more ‘common’ spaces. Implied and state easements are often in place in situations in which many people are looking for entry to a location, and space is limited. If the property is subject to an easement so how do you know ? In Layman terms, a state or implied easement arises in a situation when a home owner’s property is necessary to access another land, whether public or private. For example, an alleyway could be subject to an easement if it is required to access a nearby parking garage. While suggested easements are supposed to even when no record was put into place express easements are put into writing.
Sometimes, An easement might have been set up for many years, without the property owner. An event occurs where the easement is called in to question. It wouldn’t hurt for a homeowner to contemplate creating an implied easement into a state one to record the accountability and expectations of the owner and people who access the property. In this manner, the property owner can also gauge their responsibilities concerning the property and where their accountability ends.
Those Who access a person’s property through an easement are anticipated to practice care and to be more respectful. Failure to do so could result in trespassing or additional charges. It is not usually something that comes up, but it’s better to know that these situations can arise.
When land use and zoning laws conflict Local Governments require the custom of zoning when they aim their metropolitan places. A city might be a mishmash of industrial commercial and residential areas, causing traffic congestion, inconvenience and potential health dangers. Zoning is far from a specific science, and landowners have a great reason to seek to free their property out of the law. This Situation often comes up where a nonconforming use predated a zoning law. By way of instance, a building might have existed in precisely the same spot for 70 years after the region is zoned by law just for residential usage. In this case, the zoning board will deem the building for a nonconforming use. But even in this case, the zoning board would explore what sort of impact the building has on neighborhood residents.
In Other scenarios, the property owner may request relief by seeking a variance. Typically, the landowner should provide proof that undue hardship would be created by converting the property to conform to the zoning law. By way of instance, an owner may show that she has invested heavily in commercial construction, and it would be impractical and expensive to convert the building to comply with a law regulation.