Litigating Residential Real Estate Disputes in Massachusetts

Essential tips for resolving property disputes

Product Number: 2070481B00
Publication Date: 7/31/2023
Edition: 3rd Edition 2023
Copyright: © 2023 MCLE, Inc.
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Litigating Residential Real Estate Disputes in Massachusetts

Essential tips for resolving property disputes

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Pricing: $195.00; Members: $175.50; New Lawyers: $97.50

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Product Description
Product Description

Litigating Residential Real Estate Disputes provides an overview of the topics that are most commonly the subject of real estate litigation in Massachusetts courts. It is a handy resource for real estate litigators and transactionalists alike. This 18-chapter manual provides an solid foundation in the causes of action and remedies available concerning real property issues, both basic and advanced. The book is designed to track the major categories of cases where real estate is litigated, including claims involving abutters, neighbors and third parties; claims involving real estate transactions; construction and design claims; claims involving zoning; disputes surrounding land use, such as eminent domain.

Such commonly encountered issues as adverse possession, the warranty of habitability, injunctive relief for nuisances involving real estate use orient the reader to the oftentimes complex issues of land use. An overview of purchase and sales agreements, title insurance claims and title defects help the transactional practitioner to understand the areas of real estate conveyancing that are rife with litigation. The section on construction-related disputes provides an overview of the Home Improvement Contractor Act from both contractors' and homeowners' perspectives. And the reader is introduced to the nuances and potential traps in litigating variances, special permits, easements, restrictions, and other zoning and land use-related problems. The various statutory, regulatory and case law authority pertinent to each section is set forth in clear, practical language.

Recent updates:
- Update: July 2023
  Dear Subscriber:
  
  Thank you for updating your library with the latest version of Litigating Residential Real Estate Disputes in Massachusetts. This newly revised publication brings updated resources within your immediate reach-for fast, accurate, and practical answers to your questions in this highly challenging area of practice.
  
  Highlights from the 2023 edition include:
  - updated case law on adverse possession, addressing tacking of possession, hostile possession, constructive possession, and easements by prescription;
  - landlords' options in response to alleged drug use or other illegal activity by tenants;
  - the Supreme Judicial Court's definition of proximate causation in personal injury cases;
  - numerous developments in the law governing mortgages and foreclosures, including an amendment to G.L. c. 244, cases defining the requirements for a valid foreclosure, and the doctrine of equitable subrogation;
  - litigation involving condominiums, including disputes arising during project development and transition to unit owner control;
  - a newly added treatment of Chapter 93A's application to real estate matters;
  - an extensive discussion of land use litigation, including specific chapters on special permits and variances;
  - the application of estoppel principles to the recognition of easements;
  - case law on the scope of the government's power of eminent domain;
  - judicial and administrative decisions on the abatement of real estate taxes; and
  - developments in the laws and regulations governing enforcement of the state sanitary and building codes.
  The book concludes with an overview of the jurisdiction and procedure of the Massachusetts Land Court.
  
  We trust you will find this updated version of Litigating Residential Real Estate Disputes in Massachusetts an invaluable resource for your practice.
  
  Very truly yours,
  
  John M. Lawlor, Esq. MCLE Publications Attorney
Table of Contents

Table of Contents
expand all

Chapter 01 expand

Adverse Possession
Buy Chapter
D. Deniz Harrison, Sheehan Phinney Bass & Green PA
John H. Perten, Esq., Sheehan Phinney Bass & Green PA

Chapter 02 expand

Tort Actions Based on the Warranty of Habitability
Buy Chapter
Jeffrey C. Melick, Esq.,

Exhibit 2A
- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 2B
- Defendant’s Interrogatories to the Plaintiff Buy Form

Exhibit 2C
- Plaintiff’s Requests for Production of Documents and Other Items Buy Form

Exhibit 2D
- Defendant’s Requests for Production of Documents and Other Items Buy Form

Exhibit 2E
- Jury Instructions Buy Form

Chapter 03 expand

Landlord Applications for Injunctive Relief
Buy Chapter
Catherine F. Downing, Esq., Downing Van Dyke LLC

Exhibit 3A
- Sample Verified Complaint (Criminal Activity) Buy Form

Exhibit 3B
- Sample Order (Criminal Activity) Buy Form

Exhibit 3C
- Sample Verified Complaint (Property Damage) Buy Form

Exhibit 3D
- Sample Order (Property Damage) Buy Form

Exhibit 3E
- Sample Verified Complaint (Trespassing) Buy Form

Exhibit 3F
- Sample Verified Complaint (Trespassing—Alternative) Buy Form

Exhibit 3G
- Sample Order (Trespassing) Buy Form

Exhibit 3H
- Sample Notice of Trespass Buy Form

Exhibit 3I
- Sample Verified Complaint (Refusal to Allow Access) Buy Form

Chapter 04 expand

Tort Issues in Residential and Commercial Tenancies
Buy Chapter
Mark F. Itzkowitz, Esq.,

Exhibit 4A
- Complaint and Jury Trial Demand (Negligent Maintenance) Buy Form

Exhibit 4AA
- Sample Jury Instructions on Damages (Plaintiff’s Perspective) Buy Form

Exhibit 4B
- Complaint and Jury Trial Demand with Chapter 93A Claim (Negligent Maintenance) Buy Form

Exhibit 4BB
- Sample Jury Instructions on Compensatory Damages (Plaintiff’s Perspective) Buy Form

Exhibit 4C
- Complaint and Jury Trial Demand (Negligent Security) Buy Form

Exhibit 4CC
- Sample Jury Instructions on Comparative Negligence (Plaintiff’s Perspective) Buy Form

Exhibit 4D
- Plaintiff’s First Set of Interrogatories to Defendant (Trip and Fall) Buy Form

Exhibit 4DD
- Sample Jury Instructions on Evidence Properly Considered (Plaintiff’s Perspective) Buy Form

Exhibit 4E
- Plaintiff’s First Set of Interrogatories to Defendant (Negligent Security) Buy Form

Exhibit 4EE
- Sample Jury Instructions on Workers’ Compensation Lien (Plaintiff’s Perspective) Buy Form

Exhibit 4F
- Plaintiff’s First Request for Production of Documents to Defendant (Trip and Fall) Buy Form

Exhibit 4G
- Plaintiff’s First Request for Production of Documents to Defendant (Negligent Security) Buy Form

Exhibit 4H
- Plaintiff’s Request for Jury Instructions Buy Form

Exhibit 4I
- Sample Jury Instructions on the Nature of a Civil Action (Plaintiff’s Perspective) Buy Form

Exhibit 4J
- Sample Jury Instructions on Burden of Proof (Plaintiff’s Perspective) Buy Form

Exhibit 4K
- Sample Jury Instructions on Preponderance of the Evidence (Plaintiff’s Perspective) Buy Form

Exhibit 4L
- Sample Jury Instructions on Negligence (Plaintiff’s Perspective) Buy Form

Exhibit 4M
- Sample Jury Instructions on Duty of a Property Owner (Plaintiff’s Perspective) Buy Form

Exhibit 4N
- Sample Jury Instructions on Duty (Plaintiff’s Perspective) Buy Form

Exhibit 4O
- Sample Jury Instructions on Owner’s Duty of Care (Plaintiff’s Perspective) Buy Form

Exhibit 4P
- Sample Jury Instructions on Owner’s Non-Delegateable Duty of Care (Plaintiff’s Perspective) Buy Form

Exhibit 4Q
- Sample Jury Instructions on Duty of Care (Plaintiff’s Perspective) Buy Form

Exhibit 4R
- Sample Jury Instructions on Duty: Foreseeability (Plaintiff’s Perspective) Buy Form

Exhibit 4S
- Sample Jury Instructions on Evidence of Control (Plaintiff’s Perspective) Buy Form

Exhibit 4T
- Sample Jury Instructions on Evidence of Negligence (Plaintiff’s Perspective) Buy Form

Exhibit 4U
- Sample Jury Instructions on Evidence: Handrail Regulations (Plaintiff’s Perspective) Buy Form

Exhibit 4V
- Sample Jury Instructions on Standard of Care (Plaintiff’s Perspective) Buy Form

Exhibit 4W
- Sample Jury Instructions on Causation Without Use of Substantial Contributing Factor Language (Plaintiff’s Perspective) Buy Form

Exhibit 4X
- Sample Jury Instructions on Exact Cause of Injury (Plaintiff’s Perspective) Buy Form

Exhibit 4Y
- Sample Jury Instructions on Superseding Intervening Cause (Plaintiff’s Perspective) Buy Form

Exhibit 4Z
- Sample Jury Instructions on Causation (Plaintiff’s Perspective) Buy Form

Chapter 05 expand

Contracts for Purchase and Sale
Buy Chapter
Gary D. Zanercik, Esq., Nutter McClennen & Fish LLP

Exhibit 5A
- Notice of Purchase and Sale Agreement Buy Form

Exhibit 5B
- Affidavit of Seller Under G.L. c. 183, § 5B Buy Form

Exhibit 5C
- Affidavit Buy Form

Exhibit 5D
- Proposed Form of Lis Pendens Buy Form

Chapter 06 expand

Title Insurance Claims and Litigation—Recent Developments and Trends
Buy Chapter
Sharon M. Petrillo, Esq., Fidelity National Law Group
John F. Willis, Esq., Fidelity National Law Group

Exhibit 6A
- Sample Equitable Subrogation Pleadings Buy Form

Chapter 07 expand

Marketable Title
Buy Chapter
Sheila M. Hurley, Esq.,
Toni M. Mitchell, Esq.,

Chapter 08 expand

Condominium Litigation: Practice Points
Buy Chapter
Kimberly A. Bielan, Esq., Moriarty Bielan & Malloy LLC
Thomas O. Moriarty, Esq., Moriarty Bielan & Malloy LLC

Chapter 09 expand

Chapter 93A and Real Estate Transactions
Buy Chapter
Christopher P. Maffucci, Esq., Casner & Edwards LLP

Exhibit 9A
- Sample Chapter 93A Claim Letter Buy Form

Exhibit 9B
- Sample Chapter 93A Response Letter Buy Form

Chapter 10 expand

Construction Contract Claims
Buy Chapter
Elise M. Kuehn, Esq., Lane McNamara LLP
John J. McNamara, Esq., Lane McNamara LLP

Chapter 11 expand

Land Use Litigation
Buy Chapter
Jessica Bardi, Esq., Robinson+ Cole LLP
Danielle Andrews Long, Esq., Robinson+ Cole LLP

Chapter 12 expand

Special Permits
Buy Chapter
Michael S. Giaimo, Esq., API Northeast Region
Martin R. Healy, Esq., Goodwin Procter LLP

Chapter 13 expand

Variances
Buy Chapter
Martin R. Healy, Esq., Goodwin Procter LLP
Michael K. Murray, Esq., Nixon Peabody LLP

Chapter 14 expand

Easements and Restrictions
Buy Chapter
Justin M. Perrotta, Esq., KP Law, PC

Chapter 15 expand

Eminent Domain
Buy Chapter
James D. Masterman, Esq., Greenberg Traurig LLP

Exhibit 15A
- Complaint and Jury Claim Buy Form

Exhibit 15B
- Plaintiff’s Initial Set of Interrogatories to Be Answered by Defendant Buy Form

Exhibit 15C
- Plaintiff’s First Request for Documents Buy Form

Chapter 16 expand

Tax Abatement Proceedings on the Local Level
Buy Chapter
Patricia A. Metzer, Appellate Tax Board, Commonwealth of Massachusetts
David G. Saliba, Esq., Saliba and Saliba

Checklist 16.1
- Checklist to Determine Availability of Real Estate Tax Abatement Remedy Buy Form

Checklist 16.2
- for Formal Procedure Appeal of Assessors’ Decision Not to Abate a Real Estate Tax Buy Form

Checklist 16.3
- for Informal Procedure Appeal of Assessors’ Decision Not to Abate a Real Estate Tax Buy Form

Exhibit 16A
- Property Tax Exemptions, Tax Deferral Buy Form

Exhibit 16B
- State Form Application for Abatement of Real Property Tax Buy Form

Exhibit 16C
- 2016 City of Boston Application for Abatement of Real Estate Tax Buy Form

Exhibit 16D
- Case Study for the Practical Application of Tax Abatement Principles Buy Form

Exhibit 16E
- Assessors’ Information Request Buy Form

Exhibit 16F
- Property Tax Abatement/Exemption Denial Notice Buy Form

Exhibit 16G
- Property Tax Abatement/Exemption Certificate Buy Form

Exhibit 16H
- Petition Under Formal Procedure Buy Form

Exhibit 16I
- Letter Serving Petition on Assessors Buy Form

Chapter 17 expand

Enforcement of the State Sanitary and Building Codes
Buy Chapter
Thomas J. Broom, Esq., Boston, City of/Law Department
Edward Coburn, Esq., Boston, City of/Inspectional Services Department
Neil R. Janulewicz, Jr., Esq., City of Boston Fire Department

Checklist 17.1
- Checklist for Housing Inspection Reports (G.L. c. 111, § 127B) Buy Form

Checklist 17.2
- Housing Complaint Screening Checklist Buy Form

Exhibit 17A
- Notice of Violation (Building Code) Buy Form

Exhibit 17B
- Notice of Violation (Sanitary Code) Buy Form

Exhibit 17C
- Attorney General v. Gilardi, Western Housing Court Docket No. 17-CV-0088 Buy Form

Exhibit 17D
- City of Boston Code Provision CBC 9-1.3 (Inspection and Re Inspection of Rental Units) Buy Form

Exhibit 17E
- City of Boston Ordinance Regulating the Maintenance of Vacant, Foreclosing Residential Properties Buy Form

Exhibit 17F
- City of Boston Code Provision CBC 9-14 (Short-Term Residential Rentals) Buy Form

Chapter 18 expand

Land Court
Buy Chapter
Hon. Gordon H. Piper, Land Court, Commonwealth of Massachusetts
Hon. Lauren Reznick, Land Court, Commonwealth of Massachusetts
Diane C. Tillotson, Esq., Hemenway & Barnes LLP

Exhibit 18A
- Checklist for Reviewing Registered Land Condominiums Buy Form

Exhibit 18B
- Land Court’s Outline on Registration/Confirmation Only Buy Form

Exhibit 18C
- Land Court Form of Complaint for Registration Buy Form

Exhibit 18D
- Land Court Form of Certificate to Be Endorsed by Local Assessors Buy Form

Exhibit 18E
- Land Court Form of Certificate of Opinion Buy Form

Exhibit 18F
- Mortgagee’s Affidavit Buy Form

Exhibit 18G
- Sample Case Management Conference Notice and Order Buy Form

Exhibit 18H
- Sample Pre-Trial Conference Notice and Order Buy Form
Editors & Authors

Editor(s)

Lawrence P. Heffernan, Esq., Robinson+ Cole LLP, Boston

Author(s)

Jessica Bardi, Esq., Robinson+ Cole LLP, Boston

Kimberly A. Bielan, Esq., Moriarty Bielan & Malloy LLC, Quincy

Thomas J. Broom, Esq., Boston, City of/Law Department, Boston

Edward Coburn, Esq., Boston, City of/Inspectional Services Department, Boston

Catherine F. Downing, Esq., Downing Van Dyke LLC, Natick

Michael S. Giaimo, Esq., API Northeast Region, Boston

Geoffrey Hargreaves-Heald, Esq., National Development , Newton Lower Falls

D. Deniz Harrison, Esq., Brown Rudnick LLP, Boston

Martin R. Healy, Esq., Goodwin Procter LLP, Boston

Sheila M. Hurley, Esq., Easton

Mark F. Itzkowitz, Esq., Boston

Neil R. Janulewicz, Jr., Esq., City of Boston Fire Department, Boston

Elise M. Kuehn, Esq., Lane McNamara LLP, Southborough

Danielle Andrews Long, Esq., Robinson+ Cole LLP, Boston

Christopher P. Maffucci, Esq., Casner & Edwards LLP, Boston

James D. Masterman, Esq., Greenberg Traurig LLP, Boston

John J. McNamara, Esq., Lane McNamara LLP, Southborough

Jeffrey C. Melick, Esq.,

Patricia A. Metzer, Appellate Tax Board, Commonwealth of Massachusetts, Boston

Toni M. Mitchell, Esq.,

Thomas O. Moriarty, Esq., Moriarty Bielan & Malloy LLC, Quincy

Michael K. Murray, Esq., Nixon Peabody LLP, Boston

Kevin P. O'Connor, Jr., Esq., Boston, City of/Law Department, Boston

Justin M. Perrotta, Esq., KP Law, PC, Boston

John H. Perten, Esq., Sheehan Phinney Bass & Green PA, Boston

Sharon M. Petrillo, Esq., Fidelity National Law Group, Boston

Hon. Gordon H. Piper, Land Court, Commonwealth of Massachusetts, Boston

Hon. Lauren Reznick, Land Court, Commonwealth of Massachusetts, Boston

David G. Saliba, Esq., Saliba and Saliba, Woburn

Diane C. Tillotson, Esq., Hemenway & Barnes LLP, Boston

John F. Willis, Esq., Fidelity National Law Group, Boston

Gary D. Zanercik, Esq., Nutter McClennen & Fish LLP, Boston

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Litigating Residential Real Estate Disputes in Massachusetts

Essential tips for resolving property disputes

Litigating Residential Real Estate Disputes in Massachusetts

Essential tips for resolving property disputes

Choose Format:

Product Description

Recent updates:

Table of Contents

Adverse Possession

Tort Actions Based on the Warranty of Habitability

Exhibit 2A

Exhibit 2B

Exhibit 2C

Exhibit 2D

Exhibit 2E

Landlord Applications for Injunctive Relief

Exhibit 3A

Exhibit 3B

Exhibit 3C

Exhibit 3D

Exhibit 3E

Exhibit 3F

Exhibit 3G

Exhibit 3H

Exhibit 3I

Tort Issues in Residential and Commercial Tenancies

Exhibit 4A

Exhibit 4AA

Exhibit 4B

Exhibit 4BB

Exhibit 4C

Exhibit 4CC

Exhibit 4D

Exhibit 4DD

Exhibit 4E

Exhibit 4EE

Exhibit 4F

Exhibit 4G

Exhibit 4H

Exhibit 4I

Exhibit 4J

Exhibit 4K

Exhibit 4L

Exhibit 4M

Exhibit 4N

Exhibit 4O

Exhibit 4P

Exhibit 4Q

Exhibit 4R

Exhibit 4S

Exhibit 4T

Exhibit 4U

Exhibit 4V

Exhibit 4W

Exhibit 4X

Exhibit 4Y

Exhibit 4Z

Contracts for Purchase and Sale

Exhibit 5A

Exhibit 5B

Exhibit 5C

Exhibit 5D

Title Insurance Claims and Litigation—Recent Developments and Trends

Exhibit 6A

Marketable Title

Condominium Litigation: Practice Points

Chapter 93A and Real Estate Transactions

Exhibit 9A

Exhibit 9B

Construction Contract Claims

Land Use Litigation

Special Permits

Variances

Easements and Restrictions

Eminent Domain

Exhibit 15A

Exhibit 15B

Exhibit 15C

Tax Abatement Proceedings on the Local Level

Checklist 16.1