Hammarlund Law Office, Erik Hammarlund, Esq.    Erik Hammarlund, Attorney at Law                                  office (508) 696-7700
                                 fax (508) 696-7705
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Real Estate Law

Real Estate Law Services for
Individuals, Corporations, Businesses, and Nonprofits.

Why us?  Because we work in a wide range of areas, we have the ability to help you spot issues in advance, and can help you avoid them for minimal cost.  We routinely flag issues related to Medicaid lookback ineligibility; fraudulent transfer and bankruptcy problems; issues relating to partition of jointly held property; and the like.  Our wide ranging analysis and issue spotting does not cost extra; it is simply part of how we operate.

Real Estate Purchases, Sales, and 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. 

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.

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.

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. 
Erik Hammarlund now serves as an elected Commissioner.  Therefore, he can no longer represent clients before the Commission.  We would be happy to provide a referral to another attorney who can assist you.

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

We also offer many additional services which are not listed here.  Please contact us for further information and/or a free initial consultation.