Floor Area Ratio has longed been used as a way regulate building density under zoning laws. The owner of the property can choose to build a short building on most of the property or a taller building on less of the property. Although Floor Area Ratio has been used to regulate commercial properties, there was [...]
The Internal Revenue Service issued Revenue Procedure 2008-28 [.PDF ] which provides for the modification of certain mortgage loans will not jeopardize the favorable tax treatment of the capital structure for certain securitization capital structures. One issue impacting the downturn in the real estate market is the inability of some lenders to revise the loan [...]
I had previously posted about the Massachusetts Rule on Tree Liability. Last month, the Massachusetts Appeals Court generated some new law on trees in the case of Glavin v. Eckman 71 Mass. App. Ct. 313 (2008). To improve their own view of the ocean, Eckman cut down ten mature oak trees on the property of [...]
After this latest snowstorm in Boston, I had to drag some fallen limbs into my compost pit. I thought this would be a good time to post on Massachusetts law on trimming your neighbor’s trees. A neighbor may remove branches extending over a shared property line onto his or her own property. See, e.g., Levine [...]
Last week I noted the story and decision of City of Springfield Code Enforcement v. Concerned Citizens for Springfield, Inc., et al. in which Housing Court Judge William H. Abrashkin ordered the individual manager (Shalom Segelman) of the property owning limited liability company to pay $1.3 million in relocation costs for the tenants in the [...]
The Massachusetts Appeals Court ruled that a security deposit for a Massachusetts residential lease must be deposited in a Massachusetts branch of a Massachusetts bank: Taylor v. Burke. (subscription required) The landlord in the case opened the security deposit account in the New Hampshire branch of Citizens Bank. Under MGL c.186, S. 15(B) , (3)(a) [...]