South Easton Land Use & Zoning Lawyer, Massachusetts

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Alan J. Pransky

Land Use & Zoning, Farms, Family Law, Divorce
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Amanda L. Bagarella

Estate Planning, Land Use & Zoning, Real Estate
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Robert J. Mather

Condominiums, Commercial Real Estate, Land Use & Zoning, Real Estate
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Susan E. Callan

Commercial Real Estate, Condominiums, Land Use & Zoning, Real Estate
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David A. Marsocci

Land Use & Zoning, Housing & Construction Defects, Construction, Banking & Finance
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Lynnea Taylor

Land Use & Zoning, Trusts, Divorce, Civil Rights
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V Douglas Errico

Commercial Leasing, Land Use & Zoning, Real Estate, Tourism, Travel & Leisure
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Matthew Watsky

Land Use & Zoning, Waste & Pollution, Environmental Law, Civil Rights
Status:  In Good Standing           Licensed:  39 Years

Michael P. Healy

Corporate, Land Use & Zoning, Estate Planning, Municipal
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Jeremy Adam Cohen

Land Use & Zoning, Trusts, Civil Rights, Contract
Status:  In Good Standing           Licensed:  22 Years

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LEGAL TERMS

DONATION

A gift of property. The IRS allows you to take an income tax deduction for the value of donations made to charitable organizations who are recognized as such by... (more...)
A gift of property. The IRS allows you to take an income tax deduction for the value of donations made to charitable organizations who are recognized as such by the IRS.

FUTURE INTEREST

A right to property that cannot be enforced in the present, but only at some time in the future. For example, John's will leaves his house to his sister Marian,... (more...)
A right to property that cannot be enforced in the present, but only at some time in the future. For example, John's will leaves his house to his sister Marian, but only after the death of his wife, Hillary. Marian has a future interest in the house.

NET LEASE

A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's ope... (more...)
A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's operating costs as well. When all three of the usual costs--taxes, maintenance and insurance--are passed on, the arrangement is known as a 'triple net lease.' Because these costs are variable and almost never decrease, a net lease favors the landlord. Accordingly, it may be possible for a tenant to bargain for a net lease with caps or ceilings, which limits the amount of rent the tenant must pay. For example, a net lease with caps may specify that an increase in taxes beyond a certain point (or any new taxes) will be paid by the landlord. The same kind of protection can be designed to cover increased insurance premiums and maintenance expenses.

EXCULPATORY CLAUSE

A provision in a lease that absolves the landlord from responsibility for all damages, injuries or losses occurring on the property, including those caused by t... (more...)
A provision in a lease that absolves the landlord from responsibility for all damages, injuries or losses occurring on the property, including those caused by the landlord's actions. Most states have laws that void exculpatory clauses in rental agreements, which means that a court will not enforce them.

HOLD HARMLESS

In a contract, a promise by one party not to hold the other party responsible if the other party carries out the contract in a way that causes damage to the fir... (more...)
In a contract, a promise by one party not to hold the other party responsible if the other party carries out the contract in a way that causes damage to the first party. For example, many leases include a hold harmless clause in which the tenant agrees not to sue the landlord if the tenant is injured due to the landlord's failure to maintain the premises. In most states, these clauses are illegal in residential tenancies, but may be upheld in commercial settings.

ESTATE

Generally, all the property you own when you die.

SETBACK

The distance between a property boundary and a building. A minimum setback is usually required by law.

EMINENT DOMAIN

The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the Unite... (more...)
The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is 'justly compensated' (usually, paid fair market value) for his or her loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals or other public buildings. Sometimes called condemnation, taking or expropriation.

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.

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 ...