Lynn Real Estate
Lynn is known for an arts and culture district, residents from around the world, historic architecture, and loft-style housing. Major developers have announced that they plan to create luxury developments near the city's waterfront. Whether you are buying or selling your home, the details of the deal may be of paramount importance. At Pulgini & Norton, our Lynn real estate attorneys can help you with all of the aspects of a transaction, from negotiations to closing.Protecting Your Interests in a Real Estate Matter
When you buy land, you should be certain that it will be appropriate for the purposes to which you put it. A property owner usually has the right to control access, exclude trespassers, subdivide, develop property, and occupy and use the land. They may also transfer certain legal rights while retaining others.
Enlisting an attorney may ensure that you know about zoning issues, as well as any easements or conservation restrictions associated with the land. Easements usually give their holder a nonpossessory interest in property owned by someone else. It allows the holder to use the land in a specific way. For example, it might give someone the right to park in a property owner's driveway or give the holder access to the waterfront. When an easement benefits an individual personally, it is "in gross," while when it benefits a parcel of land, it is "appurtenant." If land is burdened by an easement, it is servient, but if it is benefited by an easement, it is dominant.
Massachusetts leads the nation in conservation restrictions, which are restrictions that permanently limit how environmentally sensitive land may be developed, even though it is also privately owned. When conservation restrictions are created, certain property rights are transferred to a nonprofit or governmental entity so that they can block how the property is developed in the future. For example, a property rights holder may be able to put a conservation restriction under MGL chapter 184, sections 31-33 in place to prevent a historic site from being changed in certain ways.
To create a conservation restriction, a property owner negotiates a deed defining which conservation values are protected and which use restrictions will serve to protect or preserve them. Often, a conservation restriction prohibits others from building on or substantially altering real estate. Other activities may also be restricted, such as depositing rubbish, cutting trees, excavating, or demolishing.
The governmental agency or conservation nonprofit will need to help work out the draft deed. However, there may be multiple holders to make sure that the conservation restriction is followed. The Massachusetts Secretary of Environmental Affairs will review the restriction to decide whether it has genuine value and adequately protects resources.Consult a Real Estate Attorney in Lynn
For many people, a real estate transaction is among the most expensive deals that they will enter. As a buyer, it is important to understand whether you will be able to use property as you see fit before buying it. Sellers and lenders need to assure that their interests are protected in any deal. If you are entering into a property transaction, you should consult an experienced Lynn real estate lawyer. At Pulgini & Norton, we can provide sound legal advice, whether you are a buyer, seller, or lender. Contact our firm at 781-843-2200 or through our online form for a consultation with a property transaction attorney.