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 Winchester, Massachusetts can sometimes be a bit complicated. This article will not make its reader an expert, but should serve as a good introduction to the subject.
Localities typically divide their jurisdictions into segments, referred to as "zones," on which particular types of use are permitted. For example, one area of a town might be zoned for residential use, a nearby one for commercial use, and areas on the outskirts zoned for industrial use. This practice is called "zoning."
The purpose of zoning is to preserve property values, and make towns and cities more livable. For example, without zoning laws, a company might be able to buy a vacant lot next to your house and build a noisy, smelly, dirty factory on it.
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 conducted 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 Winchester, Massachusetts
You have quite a few options if you find that a planned or current use of your property violates Winchester, Massachusetts's zoning regulations.
First, and perhaps most obviously, you can correct the violation. If the violation is relatively minor, and correcting it would not cost you much or be a significant burden, this might be the best way to go.
Of course, simply fixing a zoning violation isn't always affordable or easy, and may interfere with your planned use of your property. For example, you might have just undertaken a significant remodeling of your home, and later found out that some small part of it technically doesn't conform to Winchester, Massachusetts's zoning laws. If this happens to you, you can apply to your local zoning board for what's known as a "variance." This is simply a decree by the zoning board that the particular rule your property violates no longer applies. The Supreme Court has held that local zoning boards have to grant variances when the violation is very minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.
You are also protected if your land is currently in full compliance with local zoning regulations, but the area where your land sits is re-zoned, and your property is suddenly not in compliance with the new zoning regulations. Generally, these new regulations cannot be used to force you to change existing conditions on your property. No laws can be applied retroactively, under the U.S. Constitution. Of course, if you make any improvements on your land after the law changes, you'll have to comply with the new law.
What Can A Winchester, Massachusetts Attorney Do?
If you want to make improvements to your property, apply for a variance, or contest a zoning regulation as being applied to you retroactively, you have a right to do so, including some constitutional protections. However, your chances of prevailing in a zoning dispute will be markedly improved if you hire an experienced Winchester, Massachusetts real estate attorney to help.