Legal Question in Real Estate Law in Massachusetts
Home Owner Rights
I have put in an offer to purchase a home advertised as a two family with rental income. Per the city assessor�s dept the home is taxed as ''2 homes on one lot of land�. They have a note on the property dating back to 1969 that a detached garage was converted into a cottage. My problem arises with the inspectional services dept, also in city hall, who does not recognize this as a legal two family but rather as a single family w/garage. The property is: one main house (3 bd, 2 bath single family) and a studio size detached house with a kitchen, bathroom, even a small deck on the front. The only evidence of this once being a garage is an interior wall that was as one point and exterior wall before an addition made. Per discussion with the seller this studio home has been used as a rental property for a least 30 years since before the seller�s father owned the property. Homeowners ins is paid on both homes and taxes are paid as noted above. If I purchase the home can the city tell me to stop renting it or make me convert it back to a garage in the future? Does grandfathering apply? -If I ever want a permit for work on the studio will that be problematic?
I would like to have the property classified by both dept as a 2 family.
3 Answers from Attorneys
Potential Home Owner Rights
Your concern is legitimate.
You need to be absolutely sure that the property that is conveyed to you is a 2-family, and that it will pass as such.
You need to get in touch with an attorney familiar with searching such an issue, and making sure that the property conveyed is actually what you were promised. You do not want to find out that the problem in the future is going to impact the deal, and possibly the re-sale.
Re: Home Owner Rights
This issue will take some research and, no doubt, some negotiating with the building and zoning departments. It is not a question that can be answered over the internet in response to a quick question. If you would like the kind of legal help you need, fee free to contact me. I will, however, be away February 19 thorugh Feb. 25. I have done this before and likely there is a solution. But I typically sit down with my clients for an hour to an hour and a half and review all the documents before figuring out what needs to be done. You want nothing less. To buy the property while misapprehending its true nature will be a disaster costing you many thousands of dollars. Having good legal representation represents a very small part of that.
Re: Home Owner Rights
There may be a grandfathered nonconforming use, but there is a need for some research and probably negotiation with the Building Dept and the Zoning Board. However, some resarch will be required.
If you want to discuss this further please feel free to contact me the week of February 26th.
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