Massachusetts real property law governs the ownership of land rather than personal property. The associated rights and obligations of real property have their origins in the common law of Medieval England. They can therefore be difficult to interpret under a modern legal system.

Some aspects of Massachusetts real estate laws will specifically affect business owners. Environmental laws determine how you dispose of the waste that your business creates and zoning laws regulate the type of business you can run on your property.

Keep the following points in mind when you speak with a lawyer who practices Massachusetts property law:

1. Property is not a tangible object in the strict legal sense. Rather, it is a collection of rights that are protected by Massachusetts property laws. These rights include not only ownership but the right of use.

2. A person that possesses land is entitled to protect his ownership against anyone who is unable to demonstrate a superior claim.

3. A consensual transaction such as a sale or a gift is the most common way of obtaining an interest in property. However, ownership may change without the property owner’s consent, as in the case of bankruptcy or some other court judgment.

Action Steps
The best contacts and resources to help you get it done

Obtain insurance from an agent familiar with Massachusetts real property laws

The property laws in your state will affect the insurance that your particular business needs. Specific types of property insurance include protection from property damage, public liability and rent interruption.

I recommend: State Farm offers insurance on business property in all 50 states, and allows you to search for an agent by city, state, zip code and area code. To make sure you cover everything you need to, check out the Insurance Services Group website for information on specific types of property insurance coverage for business owners.

Find a tax lawyer who is familiar with Massachusetts real estate law

Taxes generally are higher on business property than residential property and most businesses will require the services of a Massachusetts real estate lawyer. This will ensure you pay your taxes on time and receive any deductions that you are allowed.

I recommend: Lawyers.com allows you to search for real estate attorneys by city and allows you to sort by county. Select your city at AttorneyLocate.com and then select real estate as the practice area.

Hire a lawyer familiar with property laws in Massachusetts to handle real estate transactions

A business owner should have a real estate attorney's assistance in drawing up a contract when buying, selling or renting property. Your attorney can ensure that the contract protects your interests and is legally enforceable.

I recommend: Boston-based Parker Scheer specializes in real estate development, especially construction law. Melrose-based Anna Shapiro specializes in commercial and residential real estate transactions.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Select a lawyer who specializes in Massachusetts real property law and is familiar with your particular industry. For example, if you operate an agricultural business, your real estate lawyer should know about the property laws that pertain to farming.