Zoning Planning & Land Use Law in Massachusetts
The laws that regulate how land can be used, and what structures can be built on individual pieces of land in Leicester, Massachusetts can sometimes be a bit convoluted. This article will not make its reader an expert, but should serve as a good introduction to the subject.
Local governments will normally divide the city or town into sections, called "zones," each of which is designated for a particular use, such as residential homes, commercial businesses, agriculture, manufacturing, etc. This process is known as "zoning."
Local governments have many different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to protecting property values. For example, most people wouldn't buy a home in a neighborhood where they knew it was possible for a neighbor to turn their house into a factory.
On the other hand, zoning laws recognize and attempt to accommodate the necessity of factories and other industrial activities. They simply seek to ensure that such activities are done in a way that they don't conflict with the rights of adjacent landowners to use and enjoy their property in peace.
Possible Outcomes of Boundary and Title Disputes in Leicester, Massachusetts
You have quite a few options if you find that a planned or current use of your property violates Leicester, Massachusetts's zoning regulations.
It should be apparent that the first option you should consider is to correct the violation. If doing this wouldn't cost you very much, or pose a massive inconvenience, you should obviously do this.
But what happens if you've invested a large amount of effort and money into improving your land, and you later discover that you've committed some relatively minor zoning violation? You are generally entitled to seek what is known as a "variance" in these cases. A variance is simply when your local government makes a small exception to the zoning rules to accommodate a small violation that would be difficult to fix. A variance will normally be granted if the violation doesn't harm anyone, and enforcing Leicester, Massachusetts's zoning laws to the letter would not, in this case, advance their purposes.
Furthermore, if the zoning laws covering your property have changed, and some aspect of it is now violating the new rules, these changes can typically not be enforced against you, because it would be unfair to apply a new law retroactively.
What Can A Leicester, Massachusetts Attorney Do?
If you are in the process of physically altering your property, you are almost certain to face some contentions having to do with local zoning laws. If you find that zoning laws are making it very hard to use your property as you see fit, you may have legal recourse, normally in the form of a variance. Of course, your chances of success in any zoning dispute will be immeasurably increased if you have the help of a qualified Leicester, Massachusetts attorney.