Law Assignment #5 Real Property

Law Assignment #5 Real Property

Memorandum

From: XXXX

Date: December 15th 2012

Issue

The main concern in this case is that the client Jim wants to build a gas station in an area which is a zone for commercial office use. The client feels that in an area which is filled with office spaces, it will be impractical to build another office building in the area. This is the reason why the client wants to build a gas station in the area. This case comes under the Massachusetts's law and it is to determine whether he will be granted a variance to build a gas station in a commercial space.

Rule

The commercial property is a real estate which is intended for the usage of certain types of businesses. The commercial property is different from the industrial property as it includes business properties like hotels, shopping centers, office spaces etc. The major indicator is that it includes the business which is specified for the money making efforts and is not engaged in the goods productions. There are several zoning laws for the commercial property which vary slightly in every jurisdiction. These laws clarify which property is commercial, residential and industrial and what can be built on such properties.

In order to build a gas station on a property, one needs to get a variance which means an approval for building the service station. For example, according to Massachusetts's law, a gas station cannot be built within a 50 mile radius from the residential areas because of security purpose. For granting a variance, the local board of the zoning appeals must determine if the client is meeting all the criteria. In Grenon v. Commonwealth, (2004) Mass. Super. LEXIS 176, the court stated “No person has a legal right to a variance ...