Legal Question in Real Estate Law in Massachusetts

in order to get a permit to fix and occupy residence in the town of tewksbury ma agree said dwelling hereby agree to the restrictions set forth in said by laws containing a second dwelling unit must be owner occupied restricting shall be binding on its grantees heirs devises executor admin. assign and successors in interest said restrictions shall be covenants and conditions that run with the land. if i buy would this apply to me this was done in 1985 and notice it was mentioned in 2004 when owner tried to add on registry of deeds mass


Asked on 11/10/13, 6:07 am

1 Answer from Attorneys

I would have to read the restriction in its entirety and determine if the restriction is consistent with the statutory requirements, but generally speaking if this is a condition of the addition and it is in the properties chain of title it would apply to you.

You could seek a modification from the town to allow you to simply operate the property as a two family. I suggest you retain legal counsel to review title and to answer your questions with respect to the permitted use of the property.

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Answered on 11/10/13, 12:56 pm


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