Real Estate Law
Real Estate Law Services for
Individuals, Corporations, Businesses, and Nonprofits
Assistance with Real Estate Purchases,
Real Estate Sales, and Real Estate Leases.
We assist clients with real estate purchases, real estate sales, and real
estate leases. This often includes custom Purchase and Sale agreements
tailored to your specific needs. For clients unfamiliar with the Martha's
Vineyard real estate market, we can advise you of the best practices to
protect your investment and maximize your return.
Assistance with Commercial and Residential
Mortgages, Refinances, and Private Lending.
We work with our clients to obtain mortgages and alternate financing. We
can work with both on-Island and off-Island financial institutions to assist
you. For clients who are involved in nonstandard transactions such as
private financing, we can help you draft or negotiate the terms of a
mortgage or note to secure your interests.
Representation in Real Estate Boundary
Disputes.
Martha's Vineyard real estate is both varied and complex. The island is
veined with ancient ways, unmarked roads, and private paths which lead to
access disputes. The historical transition from farmland to developed
areas causes its own problems: some areas are notorious for boundary
disputes. At Hammarlund Law Office, we are familiar with this type of
real estate law and can advise clients on how best to avoid disputes. For
clients who are currently embroiled in a boundary issue, we advise them on
the most effective methods of resolution.
Assistance with Real Estate Zoning and
Development issues.
The locations near the coast are subject to multiple state, federal, and
local regulations, as are locations near the multiple ponds and wetlands.
The six towns have widely differing views with respect to development and
business, and each town requires a different approach. We can assist you
in zoning law and development law, and can help you avoid costly violations.
Representation before the Martha's
Vineyard Commission.
Standing as a watch over the entire Island is the Martha's Vineyard
Commission. The Commission, established by state law, wields
extraordinary power over all aspects of development in those cases
referred to it. Property owners should carefully review their plans
to ensure that they do not violate Commission standards. We can
represent you before the Commission, and can advise you on ways to
avoid being subjected to Commission review.
Attaining Land Bank exemptions for
purchases.
Martha's Vineyard real estate transactions take place in a housing market
in which sale and lease prices are considerably above the state and
national averages. The Martha's Vineyard Land Bank adds a two percent
surcharge to most land sales, raising the prices--and the risks--still
further. We are familiar with local Land Bank rules, and can assist
qualified purchasers in obtaining the proper exemptions from the Land
Bank fee.
Transfers to Real Estate Trusts or
other entities.
Many people choose to hold their real estate in a name other than their
own. As time goes by, more valuable properties often are transferred
to nominee trusts or LLCs. These types of alternate holding entities
can provide additional privacy, financial benefits, and ease of use,
and are often a crucial aspect of a well-drafted estate plan. Erik
Hammarlund can assist clients in drafting real estate trusts, can
advise clients on how to avoid public disclosure of their identity,
and can suggest how to best move the property between entities in a
manner that will minimize the costs of transfer.
New Construction Law and Home
Improvement Law.
Many clients elect to build new homes to their specifications. Others
prefer to purchase a home that partially meets their needs, and renovate
it to suit. Both construction and renovation offer many pitfalls for the
consumer, from contractual to zoning issues. We suggest retaining counsel
before the contract is signed to best protect your interests. If you have
an existing dispute, we are familiar with the relevant codes and sections
of the Massachusetts laws, including the applicability of sections 142A
and 93A.
The above areas are the most common requests of real estate clients. A partial list of the other real estate services we offer includes:
- Representation before other Town and State Boards
- Landlord-Tenant Disputes
- Title Research
- Title Insurance
- Resolution of Title Defects
- Easement Issues
- Condominium and Fractional Ownership Issues
- Road Association Issues
- Conservation Easements
- 1031 Tax-Free Exchanges
- Organization and Dissolution of Real Estate Holding Entities (LLCs and other)
We also offer many additional services which are not listed here. Please
contact us for further information and/or a free
initial consultation.
