Legal Question in Real Estate Law in Massachusetts
Small Lot Variance
Do I have recourse if I was not told about a small buildable lot abutting my property was given a variance to build 12' from my property line? They are also elevating the land 9'. This was not disclosed to me prior to closing.
2 Answers from Attorneys
: Small Lot Variance
As Joe said, recourse depends on several factual and legal matters.
As to the lot, the seller or his rep has no legal obligation to tell you about something that is off your lot. If you asked, the question is whether the seller knew. Even if they knew, there is no reason for the seller to believe that this would make a difference to your purchase.
The same or similar analysis is to the second part of your question.
You should absolutely contact an attorney to see if your discomforts will generate a right of action against any one.
If you have any other questions, please contact me.
Re: Small Lot Variance
You may have rights against the seller, especially if you asked about it or made known you were concerned about the possibility. Consider consulting an attorney to review the purchase agreement and be prepared to document all discussions surrounding it.
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