A selling party owned two adjacent oceanfront homes in a scenic community in Massachusetts. The sellers intended to continue to own and use one of the homes and planned to sell the other. Importantly, the two homes shared a private beach. To preserve the peace and quiet the sellers enjoyed on the shared private beach, […]
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According to Massachusetts case law, an order directing specific performance of a contract to sell real property is appropriate where one party to that contract, either a buyer or seller, has shown: there is a binding contract to sell property; the agreed time for performance has arrived; and the party seeking performance has performed, or […]
A recent Massachusetts Land Court case examined the validity of a “two-tier” condominium project. This two-tier condominium approach is also referred to as a condominium within a condominium. A two-tier condominium is a condominium comprised of a primary condominium (the “Primary Condominium”), pursuant to which a landowner then creates one or more condominiums within and […]
Many states and jurisdictions, including Massachusetts, have been prompted to re-examine their construction and design liability related laws in the wake of the Champlain Towers South high-rise condominium collapse in Surfside, Florida. One such law is under particular scrutiny in Massachusetts. In Massachusetts, Massachusetts General Laws, Chapter 260, §2B (the “Statute of Repose”) generally prevents […]
Given the effects of Covid-19, the commercial real estate market has been interesting for commercial landlords and tenants alike. Landlords and tenants are both trying to evaluate the immediate and long-term future of their leased premises. Many landlords and tenants are taking advantage of the current market in an effort to better their long-term positions […]
