Top Real Estate Disputes Faced by Massachusetts Property Owners and How to Handle Them

Addressing Common Legal Issues Surrounding Real Estate

Owning property is one of the most rewarding investments you can make, but it can come with its share of challenges. From minor disagreements with neighbors to unexpected contract issues, Massachusetts property owners often face unique legal hurdles. At Tempus Fugit Law, we understand the intricacies of these disputes and work closely with clients to navigate them effectively. In this article, we explore some of the most common real estate issues property owners encounter, providing helpful insights and practical solutions to ensure you feel confident and supported every step of the way.

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Our experienced attorneys are ready to help you navigate real estate disputes that are often faced by property owners.

1. Boundary and Easement Disputes

One of the most common issues property owners face is boundary or easement disputes. These occur when neighboring property owners disagree on where property lines lie or when there are disagreements over access rights, such as shared driveways or utility access.

How to Handle It:

  • Survey the Property: Start by obtaining a professional survey to clarify property lines.
  • Review Deeds and Agreements: Check for existing easements or agreements in property records.
  • Seek Mediation: Often, boundary disputes can be resolved amicably with the help of a neutral mediator.
  • Litigate When Necessary: If disputes escalate, you can protect your property rights through litigation in court.

2. Breach of Contract in Real Estate Transactions

Disputes frequently arise when one party fails to fulfill their obligations in a real estate transaction, such as not delivering the property as promised or backing out after signing a purchase agreement.

How to Handle It:

  • Know Your Rights: Review the terms of your contract thoroughly.
  • Act Quickly: Massachusetts law imposes time limits for filing breach of contract claims.
  • Pursue Legal Remedies: Whether you need to enforce the agreement or seek damages, our experienced attorneys can guide you through the process.

3. Landlord-Tenant Conflicts

Massachusetts has strict landlord-tenant laws. Potential disputes can range from disagreements involving maintenance and repairs to security deposits, eviction and more.

How to Handle It:

  • Understand Local Laws: Ensure you are in compliance with Massachusetts General Laws Chapter 186 and Chapter 239, which cover landlord-tenant relationships.
  • Document Everything: Keep detailed records of correspondence, payments and any repair requests.
  • Seek Legal Guidance: An experienced attorney can help landlords and tenants navigate disputes while ensuring compliance with the law.

4. Title Defects and Ownership Claims

Title defects, such as unresolved liens or conflicting claims to ownership, can cause major headaches for property owners. These issues often come to light during transactions or refinancing.

How to Handle It:

  • Conduct a Title Search: Work with a qualified title company to identify any potential issues early.
  • Purchase Title Insurance: This protects you from financial loss due to title defects.
  • Resolve Conflicts: Whether through mediation, arbitration or litigation, you can effectively clear title defects with the professional assistance of skilled attorneys.

5 . Zoning and Land Use Disputes

Zoning laws and land use regulations can create conflicts, especially if property owners wish to develop or use their land in ways that aren’t permitted by local ordinances.

How to Handle It:

  • Research Local Ordinances: Understand the zoning laws that apply to your property.
  • Apply for Variances or Special Permits: If your intended use conflicts with zoning laws, you may need a variance.
  • Challenge Unfair Restrictions: Our legal team can advocate on your behalf if zoning laws are applied unfairly or inconsistently.

6. Construction and Development Disputes

Issues such as construction defects, delays, or disagreements with contractors can disrupt property development projects.

How to Handle It:

  • Draft Clear Contracts: A well-drafted construction contract minimizes misunderstandings.
  • Address Issues Promptly: Document defects or delays and notify the contractor immediately.
  • Leverage Legal Support: Enforce contracts or pursue damages if construction goes awry with the assistance of legal professionals.

Let Tempus Fugit Law Handle Your Real Estate Dispute

At Tempus Fugit Law, we know that each real estate dispute is unique. Our attorneys are committed to providing tailored solutions that meet your needs and protect your interests. Whether you’re dealing with a boundary dispute, a breach of contract, a zoning challenge or something else – we’re here to guide you every step of the way. For more information check out our article How to Resolve a Real Estate Dispute Without Going to Court.

Reach out to our team at Tempus Fugit Law today for a consultation and take the first step toward resolving your challenges with confidence. Call (617) 752-2371, email inquiry@tflawllc.com or contact us here on our website.

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