Real Estate Transactions

Real Estate Transactions (9)

SCOTUS Decides What To Pay The Owner Of Real Estate Sold At Auction For Non-Payment of Taxes

Written by Madison A. Foley / Published Tuesday, 18 August 2026 15:01

On June 23, 2026, by unanimous decision, the Supreme Court determined that for real estate the requirement of “just compensation” is met by the “price obtained in a tax sale, at least when the sale is fairly conducted in light of our country’s history of tax sales.” In these circumstances, the taxing authority does not have to pay the fair-market value of the property. Pung v. Isabella County, 609 U.S. ----, 146 S. Ct. 1964, 1967 (2026).

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Real Estate Law

Real Estate Transactions

REPOSTED: Third Real Estate Permit Extension Act Enacted in Massachusetts

Written by Nathaniel Stevens, Esq. / Published Wednesday, 21 May 2025 16:35

REPOSTED: MAY 21, 2025 — On November 20, 2024, Massachusetts Governor Maura Healey signed the “Act relative to strengthening Massachusetts’ economic leadership.” Also known as the “Mass Leads Act”, this comprehensive economic development bill includes provisions to again extend the life of many types of land use permits issued by municipal, regional, and state government.

Real Estate Transactions

Massachusetts’ New Accessory Dwelling Unit (ADU) Law Now in Effect with Final Regulations

Written by Caroline Smith Quijada, Esq. / Published Thursday, 06 February 2025 16:39

Section 8 of the Massachusetts Affordable Homes Act (Chapter 150 of the Acts of 2024) amended Section 3 of the Massachusetts Zoning Act. This took effect on February 2, 2025, requiring municipalities to allow ADUs (900 or fewer square feet) as of right in most single-family residential zoning districts, with some important limitations.

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Real Estate Transactions

Third Real Estate Permit Extension Act Enacted in Massachusetts

Written by Nathaniel Stevens, Esq. / Published Wednesday, 27 November 2024 12:00

UPDATED: MAY 21, 2025 — On November 20, 2024, Massachusetts Governor Maura Healey signed the “Act relative to strengthening Massachusetts’ economic leadership.” Also known as the “Mass Leads Act”, this comprehensive economic development bill includes provisions to again extend the life of many types of land use permits issued by municipal, regional, and state government.

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Real Estate Transactions

Massachusetts’ New Accessory Dwelling Unit (ADU) Law: What Homeowners Need to Know

Written by Caroline Smith Quijada, Esq. / Published Tuesday, 26 November 2024 15:29

Massachusetts recently enacted a new housing statute that makes it easier for homeowners to create accessory dwelling units (ADUs) on their residential properties. These commonly were called “in-law apartments” but the new law allows much more.

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Real Estate Transactions

McGregor Presents Regulatory Taking Update to Real Estate Bar Association for Massachusetts (REBA)

Written by Gregor I. McGregor, Esq. / Published Tuesday, 10 January 2023 10:56

Firm founder and senior partner Gregor I. McGregor is honored to present as a webinar open to all REBA members his updated PowerPoint on the United State Supreme Court decisions on Regulatory Takings. He also is covering the leading cases from the high courts of states in the last couple of years.

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Real Estate Transactions

SJC Rules Regulatory Taking Claim in Casino Dispute May Proceed to Discovery and Trial (but Not Impairment of Contract Claim)

Written by Gregor I. McGregor, Esq. / Published Monday, 12 September 2022 13:03

An interesting, important and relatively rare decision from the Massachusetts Supreme Judicial Court is about regulatory taking (yes, Virginia, there is a valid claim for taking) and impairment of contract (no, sorry, there is no valid claim).

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Real Estate Transactions

Appeals Court Rules Conservation Restrictions are Enforceable Against Violators for Monetary Damages, Not Just Equitable Relief Like Restoration and Replanting

Written by Gregor I. McGregor, Esq. / Published Wednesday, 25 November 2020 14:36

In its August 10, 2020, decision in the case of Wellesley Conservation Council, Inc. v. Pereira (AC 19-P-753), the Massachusetts Appeals Court addressed the scope of enforcement options available to the holder of a Conservation Restriction (CR), in particular whether injunctive relief (like restoration and replanting) is the holder’s sole remedy for violations of the CR’s terms, or does it include money damages, too. The answer is yes to damages.

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Real Estate Transactions

Updated Version of "Tips and Techniques for Buying and Selling Dirty Property" to be Presented at the Fall Conference for REBA

Written by Gregor I. McGregor, Esq. / Published Friday, 14 September 2018 15:53

The firm's principal, Gregor I. McGregor, has updated his popular article on Buying and Selling Dirty Property, including a new section with example clauses as suggested wording for the many types of real estate contracts.

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