It looks like the 5-year-old hole in the ground where Filene’s used to sit in Downtown Crossing is finally going to be filled. Last night, in a much anticipated vote, the Boston Redevelopment Authority (BRA) approved the proposed Millennium Tower and Burnham Building.
Rackemann, Sawyer & Brewster
Rackemann, Sawyer & Brewster is a law firm that publishes blogs focused on legal issues primarily related to real estate, property law, and related transactional and litigation matters. Their content includes analysis of court decisions, explanations of legal concepts such as easements, joint ownership, and foreclosure duties, as well as updates on regulatory and permitting developments affecting property owners and developers. The firm provides detailed discussions of case law and statutory changes, aiming to inform clients and the public about practical legal implications in real estate and property management contexts.
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Rocket Science, Explained
By Donald Pinto
My colleague and fellow MLUM contributor Johanna Schneider will be one of the panelists at a CLE program sponsored by the Boston Bar Association entitled “Understanding the Land Court: The Ins and Outs of Litigating and Dealing with the Registered Land System. Also on the…
Rental Managers Beware!
A trend to hold managers of residential real estate responsible for dangerous conditions seems to be in the making. The Worcester Superior Court’s decision earlier this year in Goodman v. First Horizon Loans (WOCV2011-2221) denied SingleSource Property Solutions, LLC’s motion to dismiss…
Make It A Double: “Jobs Bill” Extends Permit Extension Act
A bill entitled “An act relative to infrastructure investment, enhanced competitiveness & economic growth” – now known as the “Jobs Bill” – was signed into law yesterday by Governor Deval Patrick. The Jobs Bill contains provisions enhancing local infrastructure initiatives…
Breaking: Governor Signs Economic Development Bill, Doubles Permit Extensions
By Donald Pinto
Massachusetts Governor Deval Patrick has signed a long-simmering economic development bill that includes a doubling – up to four years – of the extensions granted by the 2010 Permit Extension Act, and other benefits for property owners and developers. More details and a copy of the final version…
Forgotten Easements Can Unlock Land Values Today
By Donald Pinto
It’s been a hot summer in the world of easement law. Our appellate courts have issued three decisions which, collectively, reinforce the following important lessons: (1) easements can be created by implication, (2) once created, most easements last forever unless extinguished, and (3) proving that an easement has been extinguished isn’t easy. In…
SJC Nixes Forced Waiver Of Wetlands Protection Act Deadlines
By Donald Pinto
In a decision issued this morning in Garrity v. Hingham Conservation Commission (pdf), the Supreme Judicial Court (SJC) ruled that the Wetlands Protection Act’s (WPA) 21-day deadlines for local conservation commissions to hold a public hearing on a notice of intent and to issue a…
But Wait . . . The SJC Has More To Say On Foreclosures
Just when we thought the Supreme Judicial Court’s Eaton decision (see our post here) had resolved the last big question regarding foreclosure requirements, another case is providing new foreclosure fodder. Recently, the SJC requested amicus briefs in Federal National Mortgage Association v. Hendricks, SJC-11234. …
Easement Survives Despite Not Being Located Or Used Since 1899
Last month the Supreme Judicial Court (SJC) decided Cater v. Bednarek (pdf), an important case about easements and how they can – and can’t – be extinguished. The plaintiffs, the Caters, bought a vacant parcel of land in Truro that had the…
Cambridge Rezoning Survives Spot Zoning Challenge
In Farrington v. City of Cambridge (pdf), an “unpublished decision” issued under the court’s Rule 1:28, an Appeals Court panel recently affirmed a Land Court decision upholding a rezoning by the City of Cambridge. The rezoning included a zoning map revision and changes to various dimensional…