Category Archives: Real Estate & Property Law

3 Questions to Ask Every Expert Witness at Deposition

At an expert’s deposition, questions are primarily focused on the expert’s qualifications and opinions. But don’t forget to ask these three questions—you may be very pleased with the responses you get. 1. Have you come across anything inconsistent with your opinion? Have you encountered any fact, article, or other matter—either in material you relied on or otherwise—that is either inconsistent or not fully consistent with each of the opinions you have reached? Assuming the expert is truthful and candid, this line of questioning should apprise you of any weaknesses in the opposition’s case, some of which may not have occurred to you or your own experts. In addition, answers to these questions frequently provide good ammunition for impeachment of the expert at trial. For example, if at the deposition the expert acknowledges having read certain conflicting or inconsistent testimony, the expert who claims at trial that he or she has….. To continue reading this legal news please click Read full information...

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Lease Terms: How Long Should They Be?

A Boston landlord tenant lawyer can provide comprehensive advice to property owners and to renters in negotiating the terms of a lease agreement. There are many provisions that need to be included in a lease, including details about what a tenant is permitted to do with the property and how much a tenant will pay to rent the space... To continue reading this legal news please click Read full information...

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Ordinance Banning Industrial Mineral Mining Not A Regulatory Taking – But What About Palazzolo?

Challenging an ordinance that the court characterizes as an "even-handed" zoning regulation, even if it outlaws an existing conditional use, is going to be a tough one for a plaintiff. In theory, it need not be, given the right conditions. But any zoning lawyer will tell you that it is tough to overcome most courts' presumption that these things are ok. That's just the way it is.  The Minnesota Court of Appeals' opinion in Minnesota Sands, LLC v. County of Winona, No. A18-0090 (July 30, 3018), confirms that vibe. There, the county adopted an ordinance that banned all "industrial-mineral mining, including silica-sand mining." Slip op. at 1. If that sounds oddly specific, the backstory is that this is the stuff used in fracking.  Mr. Frick (and here you might think we'd try to work in both "Frick" and "frack" into this post's title) owned leases to mine silica-sand on several properties in the county,….. To continue reading this legal news please click Read full information...

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Massachusetts Homeowners Battle Subdivision Developer Over Right of Way on Their Property

The purchase and sale agreement between a buyer and seller of property contains important details about the transaction.  A Massachusetts real estate attorney can explain the terms of the purchase and sale agreement so that a home buyer understands the consequences of signing the contract.  In an August 3, 2018 case before the Massachusetts Land Court, the plaintiffs filed an action against the subdivision developer that sold them their home.  The dispute concerned the ownership and use of a lane to access other houses within the subdivision. The plaintiffs in the case purchased their house from the defendant in 2002.  The defendant retained ownership of several acres of land abutting the plaintiffs’ property, intending to develop the parcel as a multi-house subdivision.  The defendant therefore insisted upon a rider to the parties’ purchase and sale agreement, providing that the plaintiffs agreed not to interfere with the planned….. To continue reading this legal news please click Read full information...

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Johnson on Zoning and Sex Offenders

Asmara T. Johnson (Thurgood Marshall School of Law) has posted In the Zone: Sex Offenders and the Ten Percent Solutions on SSRN. Heres the abstract: This Article challenges prevailing judicial orthodoxy that many sex offender residency restrictions are constitutional under….. To continue reading this legal news please click Read full information...

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