Often times overlooked in the home buying and selling process is the local zoning by-laws.
A great many sellers, buyers and even agents overlook, or totally ignore, "municipal set-back requirements.
Sadly even the mortgage survey plan most often used today does not address this salient topic.
Each municipality in Massachusetts contains a enforceable ordinance containing this section known s "Set-back rules and regulations."
The reason for such by-law is that in theory each and every parcel of land ( even residential use) must contain an envelope of vacant, no-developed or use space around the extreme perimeters of any parcel of land.
In most instances "set backs" are measured from the "front, side, and rear lot lines" of a property. The distance of these set-backs vary from town to town.
Most homeowners and buyers are unaware of these stringent local regulations.
Often times they come to light when a property owners, or home-owners contractor, seeks a local building permit for an improvement to the property as a swimming pool, addition, or even a placement of a storage or utility shed on the property.
Some zoning se-back violations come ti light from prying neighbors or local zoning officials performing their duties.
If a property owner is found to be in violation of a zoning encroachment the town can legally enforce it's by laws and demand the removal of the encroachment. Ignorance of the by-law is no excuse.
For property owners a zoning violation can be both a time consuming and costly matter.
A word to the wise: always take the time to read the fine print in the zoning by-laws
and check out your property for violations before buying or selling.
It's much better to address and cure the problem before offering the property for sale. If discovered by the buyer, or bank, it could delay the closing.
Hope this helps. And have a great day.
Bill McInerney, Realtor
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