Mr. Lipkind has a broad-based civil litigation practice. He is experienced in all aspects of litigation from discovery through trial and appeal, as well as mediation and arbitration. Mr. Lipkind has expertise in real estate and business disputes, contract matters, construction, Chapter 93A (unfair and deceptive trade practices), employment, and business torts. He also represents condominiums and cooperative associations, providing strategic advice on operations, governance issues, unit owner association obligations, as well as title problems; litigation with unit owners, shareholders and contractors; and drafting of the operative documents.
- Prevailed in representation of landowner in defeating abutter’s claim that a driveway over the client’s property which had been used by abutter for over fifty years was protected under theories of easement by implication and easement by prescription, Talmo v. Pihl, 19 LCR 121 (2011).
- Successful representation of interested parties before Wilmington zoning board challenging issuance of special permit for concrete plant (2011).
- Successful representation of abutter before Weston zoning board challenging issuance of special permit for construction of new house on vacant land (2011).
- Successful representation of easement holder through Land Court trial and Supreme Judicial Court appeal regarding scope and term of easement as well as construction of relevant statutory provision. Patterson v. Paul, 448 Mass. 658, 863 N.E.2d 527, 2007 Mass. LEXIS 190 (2007).
- Successful representation of record title holder of airport in defeating adverse possession claim of abutter. Air Plum Island, Inc. v. Society For The Preservation of New England Antiquities, 20 Mass. App. Ct. 246, 873 N.E. 2d 1159 (2007)
- Won five day trial in 2007 representing commercial tenant in eviction case regarding alleged failure to comply with maintenance obligations.
- Obtained summary judgment for landowner in 2004 annulling zoning board decision that property was not grandfathered from dimensional requirements.
- Prevailed in representation of Getty as lessee in obtaining judgment on the pleadings regarding exercise of lease option rights and in defeating landlord’s eviction claims. Getty Properties Corp. v. Rudge, 17 Mass. L. Rep. 103, 2003 Mass. Super. LEXIS 390 (2003)
- Jewish Family & Children's Service, Board of Directors
- Community Associations Institute - New England, Attorney Committee
- Zoning Board of Appeals of the Town of Marblehead
- Real Estate Bar Association
- While at Boston University School of Law, Alan was a Paul J. Liacos Scholar and an Edward F. Hennessey Scholar and a third-year editor of the Boston University International Law Journal
- J.D., Boston University School of Law, 1986
- B.A., magna cum laude, Tufts University, 1981
8/15/2012, New England In-House - Unsigned P&S enforceable in wake of emails
Alan Lipkind was quoted in this article by Eric T. Berkman.
7/9/2012, Massachusetts Lawyers Weekly - Unsigned P&S enforceable in wake of emails
Alan Lipkind was Counsel for plaintiffs in the case featured in this article.
1/10/2010, Wilmington Town Crier - Tresca adds building to site plan
Alan Lipkind was quoted in this article by Jayne W. Miller.
1/8/2010, Lowell Sun - Nothing concrete in Wilmington
Alan Lipkind was quoted in this article by Michael Wurm.
4/10/2008, Wicked Local Rockport - Rockport Chamber Music Festival settles with abutters
Alan Lipkind was mentioned in this article by Stephanie Silverstein.
10/2/2007, The Newburyport Currant - Judge rules on airport land
Alan Lipkind was quoted in this story by Sarah Menesale.
7/14/2003, Massachusetts Lawyers Weekly - "Trees May Be Trimmed To Preserve Easement"
Alan Lipkind was quoted in this article by Jason M. Scally.
7/29/2002, Massachusetts Lawyers Weekly - "Group Retains Rights to Historic Building"
Alan Lipkind was featured in in the News Briefs section of this article.
Recent Articles and Publications:
Brokers and transactional attorneys beware: Your emails can form a contract
REBAnews, July 2012
Emails Can Satisfy the Signature Requirement of the Statute of Frauds
www.In-HouseAdvisor.com, July 13, 2012
Q&A: Proxy Dilemma
New England Condominium, July 2011
Regardless Of Lease Language, The Landlord Is Responsible For Unsafe Conditions
Focus [Page 1], Spring 2011
Promulgating a Special Assessment - Are There Limits on a Board's Authority?
CAI New England, Condo Media, May 2010
New Data Security Law Will Impact the Construction Industry
Construction Journal, Vol. 88, July 2009
Replacement Reserve Funds: Statutory and Mortgage Market Requirements
CAI New England, Condo Media, August 2009
The New Rules. Data Security Regulations May Impact Property Managers
CAI New England, Condo Media, May 2009
The New Carbon Monoxide Alarm Law
Real Estate Update, March 2006