Real Estate Law

A recent decision involving Blue Compass RV and Twin City Fire Insurance Company 1 should be required reading for every business owner and manager who believes cyber fraud “will never happen to […]

Data center construction projects are, to put it mildly, distinct. They differ from traditional construction in a host of manners, and are particularly distinctive because the value of the facility […]

Florida property owners buy insurance for Florida buildings, pay premiums from Florida, suffer hurricane losses in Florida, hire Florida contractors, and have their claims adjusted by […]

Death is many things. It is tragic, mysterious, sometimes untimely, and always final. But one morbid question that has been discussed in the FC&S at least three times is whether a dead human body […]

Many states are struggling with rising property insurance premiums, shrinking availability of coverage, and growing losses from natural disasters. Colorado is demonstrating how thoughtful leadership […]

I attended the Community Associations Institute (CAI) Annual Conference this week wearing two hats. One was as a lawyer who has spent a career representing policyholders. The other was as the […]

As demand for data centers continues to accelerate, water availability is emerging as a critical factor in project development and long-term operations. Although power supply and transmission access […]

For decades, the insurance industry has justified legislative reforms, regulatory changes, and restrictions on policyholder rights by pointing to the specter of insurance fraud. We have repeatedly […]

The Wall Street Journal recently published an article with a striking headline: “The Home-Insurance Coin Flip: Nearly Half of Claims Result in Zero Payout.” 1 The article highlighted a troubling […]

One of the fundamental principles of insurance is that policyholders should take reasonable steps to prevent loss. So, what happens when the policyholder does exactly what it is supposed to do, […]

Last September, I wrote about the federal court decision vacating a massive appraisal award arising from Hurricane Sally damage at the Portofino condominium complex on Pensacola Beach in When a $187 […]

A homeowner receives a notice of nonrenewal. The reason is not an inspection by a person. Nobody knocked on the door. Nobody climbed a ladder. Nobody spoke with the homeowner. Instead, an algorithm […]

Insurance companies offer and sell endorsements that can be purchased to fill coverage gaps. Policyholders pay additional premiums because they believe they are obtaining protection against specific […]

I recently wrote about a controversial lawsuit involving anti-public adjuster endorsements being used by surplus lines insurers in The Insurance Industry’s New Playbook: Hire a Public Adjuster, and […]

As data center development continues to expand—driven by demand for artificial intelligence, cloud computing and other digital infrastructure—the use and availability of water have emerged as a […]

Since the initial publication of the Pillsbury Guide to Data Centers in 2025, the market has continued to evolve—most notably with respect to power availability, energy strategy, tax and incentives […]

In February 2023, shortly after the conclusion of the 2022 Men’s FIFA World Cup, we looked ahead to 2026 and noted that the largest World Cup in history would be coming to North America, and with […]

There is a lot of talk these days about “license to operate” for data centers, meaning management of the relationships with stakeholders and broader communities concerning both the benefits and […]

Mobility is the lifeblood of any city. How people are able to travel in, out and within a metropolitan area is vital to its citizens, businesses, supply chains and social services. And as U.S. cities […]

In January, we discussed the Statement of Principles jointly signed by the National Energy Dominance Council and governors across the mid-Atlantic region—framing accelerating demand (especially […]

A single hairline crack in a bridge deck can seem insignificant. But left undetected, minor cracks and fissures expand, water seeps in, steel corrodes and repair costs start to increase. This risk […]

The explosive growth of data‑center load—driven by artificial intelligence, cloud computing and the expansion of digital infrastructure across industries—has forced U.S. energy regulators into […]

How Surveyors and Courts Determine Property Lines in Massachusetts (Part I of a Multi-Part Series) If you’ve ever looked at your property line and thought, “Wait, does that fence belong to me or […]

When an access easement doesn’t specify what type of road surface it may have, can it be paved? Only if is reasonably necessary to make it available for safe and convenient vehicular travel.

I just read a very alarming Suffolk U/Boston Globe poll which indicates 62.6% statewide voter support of the statewide rent control ballot initiative. With the first round of signatures obtained, the […]

Everything Buyers, Sellers, and Agents Need to Know: New Disclosure Form, As-Is Sales Still OK, Exemptions, and Other Changes to Current Practice Starting October 15, 2025, Massachusetts joined a […]

Plymouth County Prosecutors Outline Egregious Case of Embezzlement and Fraud by Stephen Webster, former CEO of now defunct Success! Real Estate Finally, the law caught up with Stephen Webster of […]

A title insurance policy does not insure against future events. Instead, title insurance indemnifies the insured against loss resulting from differences between the actual title and the record title […]

BREAKING NEWS Update (Oct. 1, 2025):  Stephen Webster Indicted and Arrested On Embezzlement and Larceny Charges Owner Stephen Webster Accused Of Pilfering Over $1 Million In Escrow and Firm Funds As […]

New Increase Included In Recently Passed Affordable Homes Act Flying under the radar in the recently passed Affordable Homes Act is that the amount of protection offered by a recorded Declaration of […]

FBI Investigation: Scam Artists Use Forged Deed and Counterfeit ID’s to Steal Concord, MA Property; Local Real Estate Agent, Developer, and Attorneys Caught Up In Fraudulent Transaction Using a […]

Tenants Given Presumptive Right to Seal Certain Eviction Records; Strict Rules Imposed On Credit Reporting Agencies; Landlords May Lose Invaluable Tenant Screening Tool After years of lobbying, […]

Hundreds of Massachusetts Homeowner’s Association (HOA) Covenants, Conditions and Restrictions (CCR’s) May Be Void and Unenforceable After a homeowner balked about paying a late fee, I was […]

In California, a Partition action is used to resolve disputes between property owners, and results in sale of the property or physical division. The most common result is a judicial sale of the […]

A Massachusetts Real Estate Litigator Talks About Lis Pendens Basics, Strategy, and Pro Tips. Recently, I gave a well attended webinar for the Real Estate Bar Association on a subject that is near […]

An all-inclusive deed of trust (“AITD”) is used when the seller will be financing part of the selling price, and the buyer will also take subject to the existing deed of trust. The seller remains […]

Non-payment Evictions Put On Hold Until Tenant RAFT Applications Are Denied/Approved Ignoring strong opposition from property owners, the Legislature and Gov. Healey have re-enacted a Covid-19 era […]

If you are a homebuyer seeking a mortgage and the house you contract for appraises for less than the actual contract price, you need to fully evaluate whether to waive the so-called appraisal gap. […]

We are in a percolating real estate cycle which is clearly symbiotic with the economy. For some, the economy is going quite well. For example, those who have 401(k)s are generally impressed with how […]

Are you a seller willing to provide a mortgage to a prospective home purchaser? Or, are you a residential home purchaser able to purchase a home for full price or even a higher offer and seek […]

Why Is the Housing Market So Sluggish? There is a critical shortage of homes causing a weak housing market. Sales of pre-owned homes dropped 3.3% in June from May, and 18.9% lower than from June of […]

As of July 1, 2023, Florida’s recently enacted legislation, SB264, restricts certain foreigners from buying or owning  Florida real estate. Specifically, the new law, codified in Florida Statutes […]

Many homeowners may have taken second mortgages, including home equity lines of credit, on their homes years ago, and thought that the underlying mortgage debt for such loans was forgiven. Other […]

Cash offers on homes have increased substantially over the last few years. In 2022, according to Redfin, 30% of all home sales were paid with all cash with 64% of all $1 million plus sales in Palm […]

The Live Local Act is Florida’s response to the housing crisis affordable legislation, designed to provide developers with substantial tax breaks and hundreds of millions of dollars in funding. On […]

New Rules Aimed At Reducing Pandemic Era Case Backlogs and Delays Are the old days of packed Thursday morning summary process sessions coming back? They just may be. With the expiration of a pandemic […]

As the global economic landscape continues to devolve, it is crucial to draw upon the lessons learned from previous financial crises, much like Marty McFly’s thrilling time travel experiences in […]

While there still are residential home buyers waiting to buy until mortgage rates lower and with home appreciation prices slowing, there are nevertheless opportunities for homebuyers in the new […]

Wu Administration Misled Public On Details Of Plan: Corrupt Local Rent Control Boards Can Override Rent Increases, Lifetime Leases Allowed, Small Housing Providers Unfairly Targeted The Boston City […]

In my 25 years of law practice, I’ve seen a lot of crazy stuff, but this recent eviction case may top my list of “Professional Tenants.” With 14+ evictions, a slew of larceny charges on their […]