Real Estate Law

A recent LinkedIn post showed a dramatic scene of a broken pipe, apparently off premises, sending water racing across the surface and into nearby property. The accompanying message suggested this is […]

Lantz Savage heads up our New Orleans office. He has a background in software coding before he went to law school. I met with him, our paralegal staff, and law librarian Jennifer Dabbs in our New […]

Mat Muholland, aka “One T,” stopped me while walking the exhibit hall of the SRC Summit. He asked me if I wanted to shoot his hail gun. His latest hail gun edition carries a three-hail ball load. […]

Insurance is supposed to be simple at its core. Policyholders pay premiums so that when disaster strikes, the insurer shows up, evaluates the loss fairly, and pays what is owed. That is the social […]

The Arizona Beverages v. Hanover dispute is one of those cases that looks narrow at first glance but is important for anyone involved in property insurance claims. What began as a disagreement over […]

Cyber insurance was originally marketed as a technical product. If the servers went down, the policy would help pay to get them back up. If data was stolen, the policy would help with notification […]

Florida courts continue to wrestle with a deceptively simple question: What happens to replacement cost coverage when an insurer denies a claim outright and forces the policyholder into court? The […]

Smoke damage claims are never really about smoke. They are about trust, proof, judgment, and whether insurance will honor its promise when loss does not arrive in neat, charred packages. A New York […]

If you want to understand how insurance laws really get made, Oklahoma just handed the rest of the country a case study. Earlier this month, Oklahoma Watch published a piece asking a question that […]

When courts talk about “wind-driven rain,” something subtle but important has already gone wrong. The phrase sounds authoritative. It feels like a defined peril. It rolls easily off the tongue. […]

A shift in some states’ approach to homeowners insurance for wildfires may be coming to your state next. Nevada recently approved a law that allows insurers to issue policies without wildfire […]

I have tried and litigated property insurance cases across the country. While every jurisdiction has its quirks, Texas continues to distinguish itself as increasingly unforgiving where detail is […]

On January 14, 2026, President Trump signed a Proclamation following the Department of Commerce’s investigation of the effects of imports of processed critical minerals and their derivative […]

In a landmark move that could shape New York’s energy landscape for decades, state officials have taken steps to both preserve its existing nuclear power facilities and significantly expand its […]

Recent executive actions and federal guidance have targeted wind and solar development, creating substantial uncertainty for the U.S. offshore wind industry and also reshaping the regulatory […]

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.

On Friday, President Donald Trump—together with governors across key Mid-Atlantic Region states—announced a new initiative aimed at addressing soaring electricity demand driven by large‑scale […]

On December 18, 2025, the Federal Energy Regulatory Commission (FERC) issued a pivotal order to PJM Interconnection, the nation’s largest regional wholesale power grid operator running the […]

Maryland lawmakers have overridden the governor’s veto to enact legislation directing a statewide assessment of climate-related costs, while New Jersey lawmakers are preparing a January committee […]

On December 9, 2025, the California Air Resources Board (CARB) issued proposed regulations and a staff report for California’s comprehensive climate disclosure laws, the Climate Corporate Data […]

On October 10, 2025, Governor Newsom signed SB 440, titled the Private Works Change Order Fair Payment Act. The new law introduces a process and deadlines for handling change order, time extension […]

In an effort to more effectively keep pace with and reduce the burdens on the rapidly evolving and expanding commercial space sector, the FCC has unanimously adopted a Notice of Proposed Rulemaking […]

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 […]

For decades, the phrase “waters of the United States” (WOTUS) has dictated whether a wetland, stream, or pond falls within federal jurisdiction under the Clean Water Act (CWA). Two years and a […]

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 […]

The Doctrine of Merger in California real property law provides that when a greater and lesser estate are vested in the same person, the lesser estate may merge into the greater estate and the lesser […]