Eastham Land Use & Zoning Lawyer, Massachusetts
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330 Orleans Road, North Chatham, MA 02650
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William D. Crowell
Land Use & Zoning, Estate Planning, Business, Personal Injury
Status: In Good Standing
466 Main St, Harwich Port, MA 02646
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99 Willow Street, Yarmouth Port, MA 02675
Profile LAWPOINTS™22/100
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LEGAL TERMS
APPRECIATION
An increase in value. Appreciated property is property that has gone up in value since it was acquired.
GOODS & CHATTELS
See personal property.
DEBENTURE
A type of bond (an interest-bearing document that serves as evidence of a debt) that does not require security in the form of a mortgage or lien on a specific p... (more...)
A type of bond (an interest-bearing document that serves as evidence of a debt) that does not require security in the form of a mortgage or lien on a specific piece of property. Repayment of a debenture is guaranteed only by the general credit of the issuer. For example, a corporation may issue a secured bond that gives the bondholder a lien on the corporation's factory. But if it issues a debenture, the loan is not secured by any property at all. When a corporation issues debentures, the holders are considered creditors of the corporation and are entitled to payment before shareholders if the business folds.
LEASE OPTION
A contract in which an owner leases her house (usually for one to five years) to a tenant for a specific monthly rent, and which gives the tenant the right to b... (more...)
A contract in which an owner leases her house (usually for one to five years) to a tenant for a specific monthly rent, and which gives the tenant the right to buy the house at the end of the lease period for a price established in advance. A lease option is often a good arrangement for a potential home buyer because it lets him move into a house he may buy without having to come up with a down payment or financing at that time.
LICENSE (OF INVENTION, COPYRIGHT OR TRADEMARK)
A contract giving written permission to use an invention, creative work or trademark. A license provides a way to make money from your invention or creative wor... (more...)
A contract giving written permission to use an invention, creative work or trademark. A license provides a way to make money from your invention or creative work without having to manufacture and sell copies yourself. By licensing an invention or work to a company, you get money (often in the form of royalties) in return for allowing the company to use, produce and sell copies of your invention or work in the marketplace.
UNCONSCIONABILITY
A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, i... (more...)
A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, inability to read or inability to understand the language. The unfairness must be so severe that it is shocking to the average person. It usually includes the absence of any meaningful choice on the part of the buyer and contract terms so one-sided that they unreasonably favor the seller. A contract will be terminated if the buyer can prove unconscionability.
OFFER
A proposal to enter into an agreement with another person. An offer must express the intent of the person making the offer to form a contract, must contain some... (more...)
A proposal to enter into an agreement with another person. An offer must express the intent of the person making the offer to form a contract, must contain some essential terms--including the price and subject matter of the contract--and must be communicated by the person making the offer. A legally valid acceptance of the offer will create a binding contract.
INDISPENSABLE PARTY
A person or entity (such as a corporation) that must be included in a lawsuit in order for the court to render a final judgment that will be just to everyone co... (more...)
A person or entity (such as a corporation) that must be included in a lawsuit in order for the court to render a final judgment that will be just to everyone concerned. For example, if a person sues his neighbors to force them to prune a tree that poses a danger to his house, he must name all owners of the neighboring property in the suit.
COVENANT
A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are ... (more...)
A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are found in deeds or in documents that bind everyone who owns land in a particular development. See covenants, conditions and restrictions.
SAMPLE LEGAL CASES
Bjorklund v. Zoning Board of Appeals of Norwell
Prospect Street is winding with elevation changes. To the north of the plaintiffs' property are nine
homes containing an average of 2,638 square feet of living area, all located on lots that are at
least one acre. To the south of the property are fourteen homes containing an average of ...
Kitras v. Zoning Administrator of Aquinnah
1. Background. On March 29, 1999, the town's planning board nominated the entire town as
a DCPC. See St. 1977, c. 831, § 8. The commission voted on April 22, 1999, to accept this nomination
for consideration. [8] See id. On June 17, 1999, the commission designated the entire ...
Elles v. ZONING BOARD OF APPEALS OF QUINCY
As a general rule, an aggrieved litigant cannot as a matter of 674 right pursue an immediate
appeal from an interlocutory order unless a statute or rule authorizes it. Maddocks v. Ricker, 403
Mass. 592, 597 (1988), and cases cited. One narrow exception to this principle is where ...
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