Legal Question in Real Estate Law in Massachusetts
Condemnation of property
My neighbor said that if we try and sell
our home she will have it condemned.
Her reason is that she would not want anyone to buy the home and live in it as it is. Our home is run down. The roof needs replacing and it needs painting, new carpet but it is not falling down. Would she have the ability to have our property condemned?
2 Answers from Attorneys
Re: Condemnation of property
No, not unless she went to your town/city and had the building inspector intervene and declare the strcuture to be unfit or sub-code. Only the city or town can condemn property. People buy sell and trade homes in all manner of repair or disrepair everyday. In the event this becomes a problem, you can contact us if you would like us to represent you. As it stands now, you just have an obnoxious neighbor.
Re: Condemnation of property
It is not likely that your neighbor can have your home condemned. The Town building/health inspectors would have to come and inspect the home and have it condemned for being so in violation of the code as to determine it is unfit or unsafe for occupancy.
It is highly unlikely that would be the case unless you have major and obvious structural problems.
She should want you to sell, because the next owner is likely to want to renovate the home.
The condition of your property will effect your sale price, as the buyer will have it inspected anyway.
Good Luck with your sale. If you need assistance with a P&S, please feel free to contact me.
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