Real Estate, Zoning & Title Research

A 40 year history as Cape Cod's Leading Real Estate Attorneys

Dunning, Kirrane, McNichols & Garner represents regional and national lenders, as well as individual buyers and sellers in both residential and commercial real estate transactions. The firm also represents real estate developers and homeowners in all aspects of zoning, licensing, regional planning, financing and sales. The firm has concentration subspecialties in timeshare law and in the permitting and development of golf courses, residential communities and resorts. Our attorneys have expert familiarity with the unique title and real estate issues found on Cape Cod.

We maintain an in-house real estate title library that covers properties in Barnstable County (Cape Cod), including Nantucket and Martha’s Vineyard and Plymouth Counties as well. Our title library spans 50 years of title research & examination, with records that go back in many cases to the nineteenth century. We utilize electronic record search capabilities with the Registry of Deeds in Barnstable County (Cape Cod) and Plymouth County and most other registries in Massachusetts.

Among our institutional clients, Dunning, Kirrane, McNichols & Garner numbers virtually all national and regional lenders in our area. The firm members are agents for and represent several national title insurance companies. Dunning, Kirrane, McNichols & Garner counts among its clients many prominent builders and real estate developers.

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DKM&G law offices
DKM&G law offices

Property Law Update

In November 2016 a significant change was made to the language of Massachusetts General Laws Chapter 40A, Section 7, “Enforcement of zoning regulations; violations; penalties; jurisdiction of superior court.”

Prior to that language change, no civil or criminal action could be brought to compel removal, alteration or relocation of a structure which had been built in violation of G.L. c. 40A, a local by-law or ordinance, adopted pursuant to G.L. c. 40A, or in violation of a Special Permit or Variance issued by the appropriate permit granting authority and which had stood for ten years or more.

The amendment to Section 7, in addition to protecting a structure which had stood for that ten years from a potential civil or criminal action, changed the status of such a structure to a legal pre-existing non-comforming structure, the effect of which is to afford that structure many protections and privileges not previously available under the zoning act or under most local by-laws.

For further information regarding this change or other questions relating to zoning and permitting, feel free to contact any of our real estate attorneys.

"Dear Kevin and Anita: A belated but heartfelt thank you for all of the advice, support, and expertise that you provided in connection with helping me to sell my parents' home. There were a few fits, starts, and challenges, but the two of you handled them like the professionals you are and helped bring the project to a successful conclusion with minimal stress. I appreciate you more than I can say. My thanks for everything. I wish you both a wonderful holiday season and 2020. It has been a pleasure working with you."

T.H.

 

"Dear Kevin, just watched the hearing via live stream. Wow -- you did a terrific job. Clearly well prepared, knowledgeable and convincing. I am very grateful.

Marty

 

"Jess, you held your own when representing me through a stressful time. You not only know your profession, but you chose to conduct yourself (and thereby, me) in a responsible manner. Classy. People whom I spoke to regarding this matter spoke very highly of you. Your organization was fantastic. The operation is well oiled."

Sarah