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Grandfathered Lot? Cofused now? Massachusetts

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  • Grandfathered Lot? Cofused now? Massachusetts

    Is it not true that non conforming adjoining lots loose their grandfather protection for ever when they fall into common ownership here in Massachusetts? The building inspector in my town just determined that a lot next door to me to be grandfather protected even though it has been in common ownership with another non conforming adjoining lot since 1972 and possibly longer. I thought this has been long settled law here in Massachusetts that non conforming adjacent lots loose their grandfather protection and are considered one lot when they come into common ownership. See Preston vs. the town of Hull among others. The deeds clearly show common ownership in this case going back to at least 1973. I hired a land used Attorney to do an evaluation a year ago and he determined that the land was not grandfather protected. Is my Land Use Attorney wrong in this case? Has the commonly owned non conforming lot law been reversed? The building inspector’s determination simply says that they were separate at the time my town adopted zoning back in 1954.
    Last edited by shobam; 03-28-2007, 06:59 AM. Reason: Misspelled word
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