Real Estate Law

Residential Property

Individuals, families, trusts, and estates with all types of residential real estate have turned to Hemenway & Barnes for generations. Our firm's Real Estate Law Group is a trusted source of counsel and guidance in addressing all manner of sophisticated legal concerns arising in connection with residential real estate, including:

• Purchases and sales of primary and vacation residences
• Formation of ownership entities
• Construction projects
• Conservation planning for larger properties

Clients seek the proven, practical experience of the group's members when developing ownership structures for family properties. These kinds of agreements require careful consideration of applicable tax issues, as well as an understanding of the goals and concerns of various family members, often from the perspective of several generations. Our knowledge of condominium and cooperative law is invaluable to our representation of clients who sell or purchase units in these types of properties.

Working closely with the firm’s trust and estate lawyers, we also help clients manage family-owned real estate and plan for future generations.

Representative Experience

• Hemenway & Barnes represented the estate of the owner in the sale of a waterfront estate in Ipswich, Massachusetts.
• With our assistance, an individual purchaser combined two adjacent condominium units and completely renovated the combined units into a single living quarters.
• A shore-front landowner engaged Hemenway & Barnes to negotiate and draft an agreement with an abutter, which restricted construction times and methods.
• An individual purchaser of a vacation property hired us to obtain the necessary permitting for construction and to draft contracts with the various contractors for the construction of the home.
• Hemenway & Barnes represented family members who inherited vacation property on Cape Cod from their parents. The family originally came to the firm for a co-ownership agreement and, with our counsel, realized that it was best for two family members to buy out the third.
• A family group engaged Hemenway & Barnes to sell a portion of a family compound to a member of the family, reserving and granting complicated easement rights in the process.
• A family owning a rental house in a coastal community hired Hemenway & Barnes to represent them in selling the property to a neighbor along with rights to a nearby beach.
• A U.S. citizen and his non-U.S. citizen spouse sought advice from Hemenway & Barnes on their estate plan, which included a home in Massachusetts. We advised the couple on the planning and tax consequences related to the home and represented them in selling the property.
• An individual homeowner hired us to assist them in selling a house in Massachusetts and giving a portion of the proceeds to their alma mater. We represented them in the sale of the property and advised them on the making of the gift.