Litigating Residential Real Estate Disputes in Massachusetts
Essential tips for resolving property disputes
- Product Number: 2070481EBK
- Publication Date: 7/24/2023
- Edition: 3rd Edition 2023
- Copyright: © 2023 MCLE, Inc.
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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:
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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
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Update: July 2023
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Table of Contents
Table of Contents
expand allChapter 01 expandAdverse Possession
Buy ChapterChapter 02 expandTort Actions Based on the Warranty of Habitability
Buy ChapterExhibit 2A
- Plaintiff’s Interrogatories to the Defendant Buy FormExhibit 2B
- Defendant’s Interrogatories to the Plaintiff Buy FormExhibit 2C
- Plaintiff’s Requests for Production of Documents and Other Items Buy FormExhibit 2D
- Defendant’s Requests for Production of Documents and Other Items Buy FormExhibit 2E
- Jury Instructions Buy FormChapter 03 expandLandlord Applications for Injunctive Relief
Buy ChapterExhibit 3A
- Sample Verified Complaint (Criminal Activity) Buy FormExhibit 3B
- Sample Order (Criminal Activity) Buy FormExhibit 3C
- Sample Verified Complaint (Property Damage) Buy FormExhibit 3D
- Sample Order (Property Damage) Buy FormExhibit 3E
- Sample Verified Complaint (Trespassing) Buy FormExhibit 3F
- Sample Verified Complaint (Trespassing—Alternative) Buy FormExhibit 3G
- Sample Order (Trespassing) Buy FormExhibit 3H
- Sample Notice of Trespass Buy FormExhibit 3I
- Sample Verified Complaint (Refusal to Allow Access) Buy FormChapter 04 expandTort Issues in Residential and Commercial Tenancies
Buy ChapterExhibit 4A
- Complaint and Jury Trial Demand (Negligent Maintenance) Buy FormExhibit 4AA
- Sample Jury Instructions on Damages (Plaintiff’s Perspective) Buy FormExhibit 4B
- Complaint and Jury Trial Demand with Chapter 93A Claim (Negligent Maintenance) Buy FormExhibit 4BB
- Sample Jury Instructions on Compensatory Damages (Plaintiff’s Perspective) Buy FormExhibit 4C
- Complaint and Jury Trial Demand (Negligent Security) Buy FormExhibit 4CC
- Sample Jury Instructions on Comparative Negligence (Plaintiff’s Perspective) Buy FormExhibit 4D
- Plaintiff’s First Set of Interrogatories to Defendant (Trip and Fall) Buy FormExhibit 4DD
- Sample Jury Instructions on Evidence Properly Considered (Plaintiff’s Perspective) Buy FormExhibit 4E
- Plaintiff’s First Set of Interrogatories to Defendant (Negligent Security) Buy FormExhibit 4EE
- Sample Jury Instructions on Workers’ Compensation Lien (Plaintiff’s Perspective) Buy FormExhibit 4F
- Plaintiff’s First Request for Production of Documents to Defendant (Trip and Fall) Buy FormExhibit 4G
- Plaintiff’s First Request for Production of Documents to Defendant (Negligent Security) Buy FormExhibit 4H
- Plaintiff’s Request for Jury Instructions Buy FormExhibit 4I
- Sample Jury Instructions on the Nature of a Civil Action (Plaintiff’s Perspective) Buy FormExhibit 4J
- Sample Jury Instructions on Burden of Proof (Plaintiff’s Perspective) Buy FormExhibit 4K
- Sample Jury Instructions on Preponderance of the Evidence (Plaintiff’s Perspective) Buy FormExhibit 4L
- Sample Jury Instructions on Negligence (Plaintiff’s Perspective) Buy FormExhibit 4M
- Sample Jury Instructions on Duty of a Property Owner (Plaintiff’s Perspective) Buy FormExhibit 4N
- Sample Jury Instructions on Duty (Plaintiff’s Perspective) Buy FormExhibit 4O
- Sample Jury Instructions on Owner’s Duty of Care (Plaintiff’s Perspective) Buy FormExhibit 4P
- Sample Jury Instructions on Owner’s Non-Delegateable Duty of Care (Plaintiff’s Perspective) Buy FormExhibit 4Q
- Sample Jury Instructions on Duty of Care (Plaintiff’s Perspective) Buy FormExhibit 4R
- Sample Jury Instructions on Duty: Foreseeability (Plaintiff’s Perspective) Buy FormExhibit 4S
- Sample Jury Instructions on Evidence of Control (Plaintiff’s Perspective) Buy FormExhibit 4T
- Sample Jury Instructions on Evidence of Negligence (Plaintiff’s Perspective) Buy FormExhibit 4U
- Sample Jury Instructions on Evidence: Handrail Regulations (Plaintiff’s Perspective) Buy FormExhibit 4V
- Sample Jury Instructions on Standard of Care (Plaintiff’s Perspective) Buy FormExhibit 4W
- Sample Jury Instructions on Causation Without Use of Substantial Contributing Factor Language (Plaintiff’s Perspective) Buy FormExhibit 4X
- Sample Jury Instructions on Exact Cause of Injury (Plaintiff’s Perspective) Buy FormExhibit 4Y
- Sample Jury Instructions on Superseding Intervening Cause (Plaintiff’s Perspective) Buy FormExhibit 4Z
- Sample Jury Instructions on Causation (Plaintiff’s Perspective) Buy FormChapter 05 expandContracts for Purchase and Sale
Buy ChapterChapter 06 expandTitle Insurance Claims and Litigation—Recent Developments and Trends
Buy ChapterExhibit 6A
- Sample Equitable Subrogation Pleadings Buy FormChapter 07 expandMarketable Title
Buy ChapterChapter 08 expandCondominium Litigation: Practice Points
Buy ChapterChapter 09 expandChapter 93A and Real Estate Transactions
Buy ChapterChapter 10 expandConstruction Contract Claims
Buy ChapterChapter 11 expandLand Use Litigation
Buy ChapterChapter 12 expandSpecial Permits
Buy ChapterChapter 13 expandVariances
Buy ChapterChapter 14 expandEasements and Restrictions
Buy ChapterChapter 15 expandEminent Domain
Buy ChapterChapter 16 expandTax Abatement Proceedings on the Local Level
Buy ChapterChecklist 16.1
- Checklist to Determine Availability of Real Estate Tax Abatement Remedy Buy FormChecklist 16.2
- for Formal Procedure Appeal of Assessors’ Decision Not to Abate a Real Estate Tax Buy FormChecklist 16.3
- for Informal Procedure Appeal of Assessors’ Decision Not to Abate a Real Estate Tax Buy FormExhibit 16A
- Property Tax Exemptions, Tax Deferral Buy FormExhibit 16B
- State Form Application for Abatement of Real Property Tax Buy FormExhibit 16C
- 2016 City of Boston Application for Abatement of Real Estate Tax Buy FormExhibit 16D
- Case Study for the Practical Application of Tax Abatement Principles Buy FormExhibit 16E
- Assessors’ Information Request Buy FormExhibit 16F
- Property Tax Abatement/Exemption Denial Notice Buy FormExhibit 16G
- Property Tax Abatement/Exemption Certificate Buy FormExhibit 16H
- Petition Under Formal Procedure Buy FormExhibit 16I
- Letter Serving Petition on Assessors Buy FormChapter 17 expandEnforcement of the State Sanitary and Building Codes
Buy ChapterChecklist 17.1
- Checklist for Housing Inspection Reports (G.L. c. 111, § 127B) Buy FormChecklist 17.2
- Housing Complaint Screening Checklist Buy FormExhibit 17A
- Notice of Violation (Building Code) Buy FormExhibit 17B
- Notice of Violation (Sanitary Code) Buy FormExhibit 17C
- Attorney General v. Gilardi, Western Housing Court Docket No. 17-CV-0088 Buy FormExhibit 17D
- City of Boston Code Provision CBC 9-1.3 (Inspection and Re Inspection of Rental Units) Buy FormExhibit 17E
- City of Boston Ordinance Regulating the Maintenance of Vacant, Foreclosing Residential Properties Buy FormExhibit 17F
- City of Boston Code Provision CBC 9-14 (Short-Term Residential Rentals) Buy FormChapter 18 expandLand Court
Buy ChapterExhibit 18A
- Checklist for Reviewing Registered Land Condominiums Buy FormExhibit 18B
- Land Court’s Outline on Registration/Confirmation Only Buy FormExhibit 18C
- Land Court Form of Complaint for Registration Buy FormExhibit 18D
- Land Court Form of Certificate to Be Endorsed by Local Assessors Buy FormExhibit 18E
- Land Court Form of Certificate of Opinion Buy FormExhibit 18F
- Mortgagee’s Affidavit Buy FormExhibit 18G
- Sample Case Management Conference Notice and Order Buy FormExhibit 18H
- Sample Pre-Trial Conference Notice and Order Buy Form - Editors & Authors