Massachusetts General Laws ch. 184 sec. 23A – Proceedings relating to building restrictions; limitation of actions
Section 23A. No action, suit, or proceeding shall be maintained either at law or in equity in any court to recover damages or to compel the removal, alteration, or relocation of any structure by reason of any violation of any private restriction or condition in the nature of a restriction by which the use of real property is affected in regard to: (a) building set-back requirements from front, side, or rear property lines, (b) the size, type, number of dwelling units, or number of stories of any structure, (c) the addition of any porch, garage, sign, bay window or similar addition, or the location or construction of any driveway, fence or wall, or (d) the materials used or the expenditures made for construction, unless such action, suit, or proceeding is commenced within six years next after the completion of such building, addition, or other construction.
Terms Used In Massachusetts General Laws ch. 184 sec. 23A
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
For the purposes of this section, the record of assessment of any house or other structure for taxation shall be prima facie evidence of the completion of such house or structure by the first day of January of the year of assessment.
This section shall not be construed as extinguishing, limiting or abridging any defense against any such action, suit or proceeding which would otherwise be available nor as affecting sections nineteen to twenty-three, inclusive, or sections twenty-four to thirty, inclusive.