Legal Question in Real Estate Law in Massachusetts

My husband and I had a house built by a developer in Middlesex County MA and closed in 2011. Our house was in phase 2 of 5 phases of the project. When we purchased our home the developer made no mention of a drainage easement he had placed on the lot nor plans of a 12000 sq ft drainage basin that he planned to put on our 40,000 sq ft lot (15 ft from the house) during phase 5 of the development which is occurring now. When we purchased the house we had an attorney and a real estate agent representing us. The deed gives a property description of a 2005 plan with a small drainage easement. However, when we closed on the house a 2011 plan had been adopted (about the same timed we signed the purchase and sale agreement) but was not referred to in any of our paper work , it has a huge drainage easement. We did not know of the drainage basin until hay bales appeared on our lot. We did not receive notice from the ConCom that stated any work was proposed for our lot (I believe 131-40) requires this so we knew nothing about a hearing). The attorney who closed the house does not do litigation. Was the developer required to give us notice of the plans for the drainage basin? The real estate agent representing the developer was the developer's sister so she certainly knew about the basin. Should the easement on the deed been more of a reference to the most current plan on file?


Asked on 7/02/14, 8:31 am

1 Answer from Attorneys
Steven Hemingway Grolman LLP

There appears to be fault all over the place. The developer certainly should have disclosed the updated 2011 plan to you, especially where the 2005 plan was the one referenced in the deed. In addition, your closing attorney should have double and triple checked everything the day before in order to ensure that all information was accurate. And if the agents themselves knew about the updated plans, they could very well be at fault, too.

I can imagine the drainage basin has decreased the expected value of your lot. You should certainly confer with an attorney to see how much your damages could be and whether or not that price is worth the litigation. I handle many cases like this and would be happy to help you. We can meet for a free consultation so I can ask some follow up questions and help better analyze who you have claims against. Real estate claims like this can take some time to materialize, so the sooner you act, the better.

Feel free to send me an email [email protected] or call me at 617-859-8966. I look forward to speaking with you.

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Answered on 7/09/14, 11:20 am


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