Legal Question in Real Estate Law in Massachusetts

Zoning - Single Family Dwelling Built on Industrial Zoning
My husband and I bought a house 2 years ago in Plainville, MA that was built in 1994. Registry of Deeds survey plans detail our property as being zoned RD - multi-family. My husband and I bought the house as an investment to resell to builder to build condominiums but town is now saying the lot is and always has been zoned commercial. Town now says we are in violation and need to file for a variance to make the structure legal, but we still cannot build. The Building Inspector in Town back in 1994 signed approval to build on our lot and a certificate of occupancy was given. We are now dealing with the surveying company that created the 1986 survey plan of the land signed off by town officials and filed in the registry of deeds. The Building Inspector believes the 1986 survey is a fraud. Does this sound like a case for us to seek a judge to change our zoning to RD? And if the survey company has no backup as to why they say our lot was residential, is this grounds to sue?

Asked on 5/21/05, 4:54 am

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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Re: Zoning - Single Family Dwelling Built on Industrial Zoning

This is a case that requires a consultation with a competent local real estate attorney familiar with zoning, and land.

Answered on 5/21/05, 5:24 am

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