Product Description

Recent updates:

• Update: December 2024

  Dear Subscriber:

  Thank you for choosing to stay current in the area of real estate title law with this new edition of Real Estate Title Practice in Massachusetts Inside, find material on the following topics and more:

  • Derelict fee. See chapter 2 for a cite to a 2023 case that applies the derelict fee statute to registered land.

  • Easements by express grant. Chapter 6 cites a 2023 case in which a question arose as to whether a dominant estate may use a right-of-way itself for recreation or usual beach activities. The use of particular phrases in a granting instrument was at issue.

  • Nominee trust. Chapter 7 adds an explanation regarding the use of a limited liability company membership interest as an intangible asset.

  • Binding "offers". See chapter 8 for a 2024 case where the striking of language by the seller in the buyer's offer to purchase amounted to a counteroffer.

  • Late and limited filings. Citing a 2020 decision and a REBA title standard, chapter 9 adds a practice note regarding the use of late and limited filings that specifies what they are not to be used for.

  • Actions by creditors of the decedent; "lifetime liens". Chapter 9 cites a 2023 decision restricting enforcement of MassHealth liens placed against property during a Medicaid recipient's lifetime, determining such liens to be unenforceable after the recipient's death.

  • Public dedication doctrine. See chapter 12 for discussion of the recognition of a form of appropriation of private land, and a 2024 Superior Court decision as to whether formalities and a written dedication is needed.

  • Takings; unconstitutional conditions. Chapter 12 also adds a new discussion of a narrow category of takings arising in the permitting process under the "unconstitutional conditions doctrine." A 2023 case is cited.

  • Foreclosure and the Takings Clause. Chapter 14 discusses the U.S. Supreme Court's unanimous 2023 decision holding that a state's tax foreclosure laws violated the Fifth Amendment's Takings Clause. Significant implications for Massachusetts municipal tax foreclosure law are addressed.

  We at MCLE trust that you will find this new material useful in your practice and valuable in keeping your law library current.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

Common Criminal Motor Vehicle Offenses

Buy Chapter

James Michael Forsyth, Esq., Hampden District Attorney's Office, Commonwealth of Massachusetts

Checklist 1.1

- Pretrial Preparation for Common Criminal Motor Vehicle Offenses Buy Form

Chapter 02 expand

Obtaining, Losing, and Seeking Reinstatement of Driver’s Licenses

Buy Chapter

Kevin M. Ryan, Esq., Law Offices of Kevin M. Ryan
Brian E. Simoneau, Esq.,

Exhibit 2A

- Affidavit of No Social Security Number Buy Form

Exhibit 2AA

- Board of Appeal Notice of Appearance of Counsel Buy Form

Exhibit 2B

- Schedule of Suspensions and Revocations Buy Form

Exhibit 2BB

- Sample Finding and Order (Decision Affirmed) Buy Form

Exhibit 2C

- Request for Driving Record and Request for Personal Information in RMV Records Buy Form

Exhibit 2CC

- Sample Motion for Reconsideration to Board of Appeal Buy Form

Exhibit 2D

- Sample Request for Suspension/Revocation Letter Buy Form

Exhibit 2DD

- Superior Court Standing Order No. 1-96 Buy Form

Exhibit 2E

- Supplemental Motor Vehicle Abstract Buy Form

Exhibit 2EE

- Sample Complaint for Judicial Review of Decision of the Board of Appeal on Motor Vehicle Liability Policies and Bonds Buy Form

Exhibit 2F

- Surchargeable Events Buy Form

Exhibit 2FF

- Sample Civil Action Cover Sheet Buy Form

Exhibit 2G

- Registry Materials on License Suspension for Violation of Controlled Substance Statute: 540 C.M.R. § 20.03 Buy Form

Exhibit 2GG

- Sample Trial Memorandum Buy Form

Exhibit 2H

- Request for Medical Evaluation Buy Form

Exhibit 2I

- CJIS Forms Buy Form

Exhibit 2J

- 94C Drug Offense Hardship Approval Buy Form

Exhibit 2K

- HTO Hardship Approval Buy Form

Exhibit 2L

- Medical Evaluation Form Buy Form

Exhibit 2M

- Vision Screening Certificate Buy Form

Exhibit 2N

- Loss of Consciousness Evaluation Form Buy Form

Exhibit 2O

- Registry and Court Appeal Forms for Chemical Test Refusal/License Suspensions Buy Form

Exhibit 2P

- First Offense (24D) OUI Hardship License Criteria Buy Form

Exhibit 2Q

- Multiple Offense OUI Hardship License Criteria Buy Form

Exhibit 2R

- OUI Hardship Approval Requests Buy Form

Exhibit 2S

- IID Violations and Sanctions Chart Buy Form

Exhibit 2T

- Ignition Interlock Device–Vehicles Not in Possession Affidavit Buy Form

Exhibit 2U

- 540 C.M.R. § 25.00: Certification, Installation, Use and Maintenance of Ignition Interlock Devices Buy Form

Exhibit 2V

- RMV Suspension Hearing Application for Block Scheduling Buy Form

Exhibit 2W

- Notice of Appearance of Counsel Before the Registry of Motor Vehicles Buy Form

Exhibit 2X

- Default Removal Certificate Buy Form

Exhibit 2Y

- Board of Appeal Form and Instruction Buy Form

Exhibit 2Z

- Sample Memorandum to Board of Appeal on Motor Vehicle Liability Policies and Bonds Buy Form

Chapter 03 expand

Initial Stages: Stop, Arrest, Booking, and Arraignment

Buy Chapter

Katherine E. McMahon, Esq., Hampden County District Attorney's Office, Commonwealth of Massachusetts
Shane T. O'Sullivan, Esq., Suffolk District Attorney's Office, Commonwealth of Massachusetts

Checklist 3.1

- Threshold Inquiries at the Initial Stages of an Alleged Commission of a Motor Vehicle Offense Buy Form

Exhibit 3A

- Defendant’s Motion to Dismiss Complaint Due to G.L. c. 90C, § 2 Violation Buy Form

Exhibit 3B

- Affidavit in Support of Motion to Dismiss OUI Complaint Buy Form

Exhibit 3C

- Defendant’s Memorandum in Support of Motion to Dismiss OUI Complaint Buy Form

Exhibit 3D

- Defendant’s Motion to Suppress Evidence Unlawfully Seized from Defendant’s Motor Vehicle and Person Buy Form

Exhibit 3E

- Affidavit in Support of Motion to Suppress Evidence Seized from Locked Trunk Buy Form

Exhibit 3F

- Defendant’s Motion to Dismiss for Failure of Police to Comply with G.L. c. 263, § 5A and G.L. c. 276, § 33A Buy Form

Exhibit 3G

- Defendant’s Motion to Suppress Custodial Statements Buy Form

Exhibit 3H

- Affidavit in Support of Motion to Suppress Statements Buy Form

Chapter 04 expand

Initial Client Meeting and First Steps with Your Defendant Client

Buy Chapter

Joseph D. Bernard, Esq., Law Offices of Joseph D. Bernard, PC

Exhibit 4A

- Overview of Massachusetts Loss-of-License Consequences Buy Form

Exhibit 4B

- Sample Medical Authorization Form Buy Form

Exhibit 4C

- Sample Motion and Affidavit to Preserve Defendant’s Rights Buy Form

Chapter 05 expand

Evidentiary Issues

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John B. Seed, Esq., Seed, Chan & Associates LLC

Chapter 06 expand

Jury Session Technicalities

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Erin R. Opperman, Esq., Law Offices of Erin R. Opperman

Exhibit 6A

- Motion in Limine to Preclude Introduction of Results of Horizontal Gaze Nystagmus (HGN) Field Sobriety Test Buy Form

Exhibit 6B

- Motion in Limine to Preclude Introduction of Results of Portable Breathalyzer Test as a Field Sobriety Test Buy Form

Exhibit 6C

- Defendant’s Motion in Limine to Prohibit Introduction of Statements as to Defendant’s Refusal of Field Sobriety Tests Buy Form

Exhibit 6D

- Motion in Limine to Preclude Introduction of Defendant’s Statements to Police Buy Form

Exhibit 6E

- District Court Standing Order 1-18: Voir Dire Protocol Buy Form

Exhibit 6F

- Sample Voir Dire Motion Buy Form

Exhibit 6G

- Sample Motion to Suppress Results of Breath Test Performed by Defendant Buy Form

Exhibit 6H

- Model Jury Instruction Regarding Roadside Assessments for Use in Prosecutions for Operating Under the Influence of Marijuana Buy Form

Chapter 07 expand

The Prosecutor’s Case-in-Chief

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E Russell Eonas, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts
Kristen A. Stone, Esq., Office of the Attorney General, Commonwealth of Massachusetts

Checklist 7.1

- Prosecutor’s Checklist of Elements/Areas of Testimony in an OUI Case Buy Form

Checklist 7.2

- Barbeau Checklist/Areas of Testimony Buy Form

Exhibit 7A

- Model Jury Instruction, Operating with a Blood Alcohol Level of .08% or Greater Buy Form

Exhibit 7B

- Model Jury Instruction, Operating Under the Influence of Intoxicating Liquor Buy Form

Exhibit 7C

- Model Jury Instruction, Operation of a Motor Vehicle Buy Form

Exhibit 7D

- Model Jury Instruction, Public Way Buy Form

Chapter 08 expand

Challenging the Prosecutor’s Case

Buy Chapter

John B. Seed, Esq., Seed, Chan & Associates LLC

Exhibit 8A

- Sample Direct and Cross-Examination of Police Officer in an OUI Case Buy Form

Chapter 09 expand

The Defendant’s Case

Buy Chapter

Joseph D. Bernard, Esq., Law Offices of Joseph D. Bernard, PC

Checklist 9.1

- Successfully Defending an OUI Case Buy Form

Checklist 9.2

- Expert Qualification—Establishing Expertise Buy Form

Exhibit 9A

- Ten Frequently Asked Questions Buy Form

Exhibit 9B

- Model Jury Instruction 3.200, Operation of a Motor Vehicle Buy Form

Exhibit 9C

- Model Jury Instruction 3.280, Public Way Buy Form

Exhibit 9D

- Model Jury Instruction 5.300, Operating with a Blood Alcohol Level of .08 Percent or Greater Buy Form

Exhibit 9E

- Model Jury Instruction 5.400, Operating Under the Influence of Drugs Buy Form

Exhibit 9F

- Motion in Limine to Exclude Horizontal Nystagmus Test Buy Form

Exhibit 9G

- Motion to Inspect Evidence and Reports Buy Form

Exhibit 9H

- Memorandum of Decision on Consolidated Defendants’ Motion to Exclude Breath Alcohol Content Percentage Results Using the Alcotest 9510 and Any Opinion Testimony, Commonwealth v. Ananias, No. 1248CR1075, at 30–31 (Mass. Dist. Ct., Bos. Mun. Ct. Feb. 16, 20 Buy Form

Exhibit 9I

- Memorandum of Decision on Consolidated Defendants’ Motion to Compel and Impose Sanctions, Commonwealth v. Ananias, No. 1248CR1075 (Mass. Dist. Ct., Bos. Mun. Ct. Jan. 9, 2019) (Ananias II) Buy Form

Exhibit 9J

- Memorandum of Decision on Commonwealth’s Motion to Admit Breath Test Results, Commonwealth v. Ananias, No. 1248CR1075 (Mass. Dist. Ct., Bos. Mun. Ct. July 29, 2019) (Ananias III) Buy Form

Exhibit 9K

- Areas of Breathalyzer Expert Testimony Buy Form

Exhibit 9L

- Proposed Jury Instructions of Defendant Buy Form

Exhibit 9M

- Motion and Order for Return of License Following a Finding of Not Guilty Buy Form

Chapter 10 expand

The Prosecutor’s Challenge of the Defendant’s Case

Buy Chapter

Margaret R.S. Krippendorf, Esq., Norfolk District Attorney's Office, Commonwealth of Massachusetts

Exhibit 10A

- Sample Request for Certified Copy of Defendant’s Criminal Conviction Buy Form

Exhibit 10B

- Motion to Admit Prior Convictions Under G.L. c. 233, § 21 Buy Form

Chapter 11 expand

Jury Instructions, Closing Arguments, and Bifurcated Trials in OUI Cases

Buy Chapter

Hon. William A. Rota, Administrative Office of the District Court, Commonwealth of Massachusetts

Chapter 12 expand

Sanctions and Penalties

Buy Chapter

Neil A. Scannell, Esq., Registry of Motor Vehicles Division, MassDOT, Commonwealth of Massachusetts

Exhibit 12A

- Judicial Review of Suspension for Chemical Test Refusal Buy Form

Exhibit 12B

- RMV Notice of Appearance of Counsel Buy Form

Exhibit 12C

- Request for Personal Information in RMV Records Buy Form

Exhibit 12D

- RMV 24D (First Offender Program) OUI Hardship License Criteria Buy Form

Exhibit 12E

- RMV Multiple Offense OUI Hardship License Criteria Buy Form

Exhibit 12F

- RMV Melanie’s Law Ignition/Interlock Device (IID) Program Information Buy Form

Exhibit 12G

- RMV Ignition Interlock Operator’s Affidavit Buy Form

Exhibit 12H

- RMV Ignition Interlock Operator’s Affidavit—Other Licensed Resident Buy Form

Exhibit 12I

- Board of Appeal on Motor Vehicle Liability & Bonds: Appeal of a Ruling/Decision of the Registrar of Motor Vehicles Buy Form

Chapter 13 expand

Posttrial Relief

Buy Chapter

Hon. James M. Sullivan, Plymouth District Court, Commonwealth of Massachusetts

Exhibit 13A

- Defendant’s Motion for Restoration of Driver’s License Buy Form

Exhibit 13B

- Findings of Fact for Restoration of Driver’s License Buy Form

Exhibit 13C

- Order of Restoration of Driver’s License Buy Form

Exhibit 13D

- Generic Motion for Required Finding of Not Guilty Buy Form

Exhibit 13E

- Detailed Motion for Required Finding of Not Guilty Buy Form

Exhibit 13F

- Renewed Motion for Required Finding After Discharge of Jury Buy Form

Exhibit 13G

- Motion for Revision and/or Revocation of Sentence Buy Form

Exhibit 13H

- Motion for a New Trial Pursuant to Mass. R. Crim. P. 30 Buy Form

Exhibit 13I

- Motion for a New Trial (Inadequate Plea Colloquy) Buy Form

Chapter 14 expand

Civil Motor Vehicle Infractions

Buy Chapter

Kimberly M. Foster, Esq., Somerville District Court, Commonwealth of Massachusetts

Exhibit 14A

- District Court Administrative Regulation 2-86: Table of Citable Motor Vehicle Offenses with a Schedule of Assessments (Updated January 14, 2022) Buy Form

Exhibit 14B

- District Court Administrative Regulation 2-06: Guidelines for Civil Motor Vehicle Infraction Hearings Buy Form

Exhibit 14C

- Notice of Magistrate’s Hearing for Civil Motor Vehicle Infraction Buy Form

Exhibit 14D

- Motion for Inspection of Documents and Production of Records and Draft Order Buy Form

Exhibit 14E

- Judgment by Magistrate for Civil Motor Vehicle Infraction Buy Form

Exhibit 14F

- Civil Motor Vehicle Infraction Claim of Appeal Buy Form

Exhibit 14G

- Notice of Video or Telephone Civil Motor Vehicle Infraction Hearing Buy Form

Exhibit 14H

- Video or Telephone Conference Line Instructions for Civil Motor Vehicle Infraction Hearing Buy Form

Exhibit 14I

- Trial Court Guide to Remote Hearings Buy Form

Exhibit 14J

- Judgment by Magistrate for Civil Motor Vehicle Infraction—Virtual Hearing Buy Form

Appendix

Breathalyzer, Blood Alcohol, and Field Sobriety Tests Resources

Buy Chapter

Appendix A

- 501 C.M.R. § 2.00: Safe Roads (Mar. 25, 2016) Buy Form

Appendix B

- Massachusetts Office of Alcohol Testing, Approved Breath Testing Instruments Buy Form

Appendix C

- Example Infrared Breath Test Operator Training Slides Buy Form

Appendix D

- Product Information and Diagram for Dräger Alcotest® 9510 Buy Form

Appendix E

- Massachusetts Drug Recognition Expert Association: Cumulative Drug Symptomatology Matrix Buy Form

Appendix F

- Breath Test Operator Online Training Program Buy Form

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