Bristol County, MA Land Use & Zoning Lawyers

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Joseph Botelho
About | Practice Areas
Botelho Law Group
901 Eastern Ave Suite 2 Fall River, MA 02723» view map
Real Estate Law
Fall River Lawyers

At the Botelho Law Group we have several attorneys, with different specializations; to help your case’s individual needs.

800-229-5331
1. Joseph Botelho Fall River, MA
  Attorney at Law- MA, 2000
  University of Massachusetts School of Law, J.D. 2000
2. AboutBotelho Law Group
  Fall River Lawyers
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LEGAL TERMS

VESTED REMAINDER

An unconditional right to receive real property at some point in the future. A vested interest may be created by a deed or a will. For example, if Julie's will ... (more...)

An unconditional right to receive real property at some point in the future. A vested interest may be created by a deed or a will. For example, if Julie's will leaves her house to her daughter, but the daughter gains possession only after Julie's husband dies, the daughter has a vested remainder in the house.

NUISANCE

Something that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nuisances include a wide range of conditions, every... (more...)

Something that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nuisances include a wide range of conditions, everything from a chemical plant's noxious odors to a neighbor's dog barking. The former would be a 'public nuisance,' one affecting many people, while the other would be a 'private nuisance,' limited to making your life difficult, unless the dog was bothering others. Lawsuits may be brought to abate (remove or reduce) a nuisance. See quiet enjoyment, attractive nuisance.

SETBACK

The distance between a property boundary and a building. A minimum setback is usually required by law.

EVICTION

Removal of a tenant from rental property by a law enforcement officer. First, the landlord must file and win an eviction lawsuit, also known as an 'unlawful det... (more...)

Removal of a tenant from rental property by a law enforcement officer. First, the landlord must file and win an eviction lawsuit, also known as an 'unlawful detainer.'

VIEW ORDINANCE

A law adopted by some cities or towns with desirable vistas -- such as those in the mountains or overlooking the ocean -- that protects a property owner from ha... (more...)

A law adopted by some cities or towns with desirable vistas -- such as those in the mountains or overlooking the ocean -- that protects a property owner from having his or her view obstructed by growing trees. View ordinances don't cover buildings or other structures that may block views.

MONTH-TO-MONTH TENANCY

A rental agreement that provides for a one-month tenancy that is automatically renewed each month unless either tenant or landlord gives the other the proper am... (more...)

A rental agreement that provides for a one-month tenancy that is automatically renewed each month unless either tenant or landlord gives the other the proper amount of written notice (usually 30 days) to terminate the agreement. Some landlords prefer to use month-to-month tenancies because it gives them the right to raise the rent after giving proper notice. This type of rental also provides a landlord with an easy way to get rid of troublesome tenants, because in most states month-to-month tenancies can be terminated for any reason.

HOLD HARMLESS

In a contract, a promise by one party not to hold the other party responsible if the other party carries out the contract in a way that causes damage to the fir... (more...)

In a contract, a promise by one party not to hold the other party responsible if the other party carries out the contract in a way that causes damage to the first party. For example, many leases include a hold harmless clause in which the tenant agrees not to sue the landlord if the tenant is injured due to the landlord's failure to maintain the premises. In most states, these clauses are illegal in residential tenancies, but may be upheld in commercial settings.

TENANT

Anyone, including a corporation, who rents real property, with or without a house or structure, from the owner (called the landlord). The tenant may also be cal... (more...)

Anyone, including a corporation, who rents real property, with or without a house or structure, from the owner (called the landlord). The tenant may also be called the 'lessee.'

INDISPENSABLE PARTY

A person or entity (such as a corporation) that must be included in a lawsuit in order for the court to render a final judgment that will be just to everyone co... (more...)

A person or entity (such as a corporation) that must be included in a lawsuit in order for the court to render a final judgment that will be just to everyone concerned. For example, if a person sues his neighbors to force them to prune a tree that poses a danger to his house, he must name all owners of the neighboring property in the suit.

SAMPLE LEGAL CASES

Bjorklund v. Zoning Board of Appeals of Norwell

Prospect Street is winding with elevation changes. To the north of the plaintiffs' property are nine homes containing an average of 2,638 square feet of living area, all located on lots that are at least one acre. To the south of the property are fourteen homes containing an average of ...

Kitras v. Zoning Administrator of Aquinnah

1. Background. On March 29, 1999, the town's planning board nominated the entire town as a DCPC. See St. 1977, c. 831, Â§ 8. The commission voted on April 22, 1999, to accept this nomination for consideration. [8] See id. On June 17, 1999, the commission designated the entire ...

Elles v. ZONING BOARD OF APPEALS OF QUINCY

As a general rule, an aggrieved litigant cannot as a matter of 674 right pursue an immediate appeal from an interlocutory order unless a statute or rule authorizes it. Maddocks v. Ricker, 403 Mass. 592, 597 (1988), and cases cited. One narrow exception to this principle is where ...

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