For more than 35 years, Alan Lipkind has counseled and advocated for clients facing a wide variety of real estate issues. He is experienced in litigation, arbitration, and mediation processes, representing his clients’ interests in court and alternative dispute resolution proceedings as well as before local permitting boards.

Alan’s clients often face disputes regarding property boundaries and use, waterfront legal concerns, including allocation of beach accretions and Chapter 91 issues, adverse possession claims, easements, and landlord/tenant disagreements. He also handles disputes regarding purchase and sale agreements, as well as construction and zoning matters, and he has been a member of his local zoning board of appeals for more than 20 years.

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J.D., Boston University School of Law, 1986

B.A., magna cum laude, Tufts University, 1981



New York

honors & awards

BTI Client Service All Star (2015)

community involvement

Jewish Family & Children’s Service

  • Board of Compliance and Risk Management Committee
  • Real Estate Task Force
  • Board of Directors (former member)

Huntington Avenue YMCA

  • Board of Advisors
  • Board Development Committee


  • Prevailed on summary judgment defending special permits issued for oceanfront property. Berger v. Briarstone Partners, L.L.P., 30 L.C.R. 482 (2022), 2022 WL 3701048 (2022) (Massachusetts Land Court)
  • Prevailed at trial enforcing view easement on Martha’s Vineyard. Lawrence v. Lachowitz, 29 LCR 220 (2021), 2021 WL 2102629 (2021) (Massachusetts Land Court)
  • Successful representation of property owners in appeal of decisions of Boston ISD holding that property owners had violated Boston Short Term Rental Ordinance. (2021) (Boston Housing Court)
  • Successful defense of condominium from derivative claims of unit owner resulting in dismissal of unit owner’s derivative claims and dismissal of unit owner’s individual claims for breach of covenant of quiet enjoyment, declaratory judgment and violation of Fair Debt Collections Practices Act (2020) (Massachusetts Superior Court)
  • Successful representation of property owner asserting easement by estoppel over abutting parcel effectively halting planned development of abutting parcel. Willis v. Bannon, 28 LCR 388, 2020 WL 420365 (2020) (Massachusetts Land Court)
  • Successful representation of property owner challenging site plan approval granted to developer of abutting parcel; Land Court ruled that property owner was entitled to notice of hearing even though local zoning by law did not expressly require notice of hearing.  Willis v. Nelson, 27 LCR 245, 2019 WL 2180689 (2019)(Massachusetts Land Court)
  • Successful defense of property owner against claim of plaintiff contending that an exchange of emails constituted a binding purchase and sale agreement obligating owner to sell; court denied plaintiff’s Motion for Lis Pendens, allowed property owner’s Special Motion to Dismiss, and awarded attorney’s fees to property owner Becker v. Graves, 22226 LCR 624, 2018 WL 6494608 (2018) (Massachusetts Land Court)
  • Successful defense of condominium trust in dispute with unit owners asserting breach of fiduciary duty and seeking declaratory and injunctive relief against the condominium trust, resulting in Superior Court confirmation of arbitrator’s award denying unit owners’ claims, and granting declaratory relief in favor of condominium trust, as well as arbitrator’s award of attorney’s fees to the condominium trust (2017) (Massachusetts Superior Court)
  • Successful representation of condominium trust in obtaining discharge of $598,000 mechanic’s lien on ground that Massachusetts condominium statute does not allow claims against a condominium’s common areas and facilities. (2017) (Massachusetts Superior Court)
  • Successful representation of real estate seller in dispute with buyer over deposit paid by seller when buyer failed to close $6,300,000 sale; seller held entitled to retain $375,000 deposit (2017) (Massachusetts Superior Court)
  • Represented lenders to condominium associations and filed amicus brief on their behalf in case which upheld “rolling” super-priority lien for unpaid condominium fees, resulting in the security for those lenders’ loans having a priority over first mortgages on condominium units. Drummer Boy Homes Association, Inc. v. Britton, 474 Mass. 17 (2016)
  • Successful representation of parties opposing concrete plant by obtaining stop work order after new plant foundation was in place, and appearing before the Wilmington Planning Board and Zoning Board of Appeals, resulting in denial of special permit (2016)
  • Successful representation of party seeking a special permit for an architectural museum on an 80-acre site before the Milton Zoning Board of Appeal (2015)
  • Successful representation of parties opposing grant of special permits and variances for gas station/convenience store before West Boylston Zoning Board of Appeal resulting in withdrawal of application for relief (2014)
  • Successful representation of landowner in defeating abutter’s claim that a driveway over the client’s property that abutter used for over 50 years was protected under theories of easement by implication and easement by prescription. Talmo v. Pihl, 19 LCR 121 (2011)
  • Successful representation of abutter before Weston Zoning Board of Appeal 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 in trial court and on appeal. Air Plum Island, Inv. v. Society for the Preservation of New England Antiquities, 70 Mass. App. Ct. 246, 873 N.E. 2d 1159 (2007)
  • Won five-day Superior Court trial representing commercial tenant in eviction case regarding alleged failure to comply with maintenance obligations (2007)
  • Obtained summary judgment for landowner annulling decision of Lexington Zoning Board of Appeal that property was not grandfathered from dimensional requirements. Casella v. Sacco, 12 LCR 411; 2004 Mass. LCR LEXIS 96 (2004)
  • Successful representation of leading publicly traded real estate investment trust regarding exercise of lease option rights and eviction claims. Getty Properties Corp. v. Rudge, 17 L. Rep. 103, 2003 Mass. Super. LEXIS 390 (2003)


Town of Marblehead Zoning Board of Appeals

Massachusetts Real Estate Bar Association

Community Associations Institute New England

  • Attorneys Committee



“Patrick Files Suit Disputing Old Reliable Property Line,” The Provincetown Independent, May 2023

“’Business Judgment’ v. ‘Reasonableness’—What Standard Will a Court Apply?,” Condo Media, August, 2019

“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,” The In-House Advisor, July 2012

“Q&A: Proxy Dilemma,” New England Condominium, July 2011

“Commercial Landlords Beware: Regardless of Lease Language, The Landlord Is Responsible for Unsafe Conditions,” Burns & Levinson Focus Newsletter, Spring 2011



“Barker’s Plans for Old Reliable Hit Rough Waters,” The Provincetown Independent, April 2024

“Proposed 40-Foot Ham Radio Antenna Tower Causing Static in Marblehead,” Wicked Local Marblehead, October 2016

“Rolling Condominium Super-Priority Lien Upheld by SJC,” The Massachusetts Real Estate Law Blog, March 2016

“Cumberland Farms Presents New Plans,” The Boylston & West Boylston Banner, January 2014

“Email Communications Result in Hard Lessons for Attorneys, Clients,” Massachusetts Lawyers Weekly, January 2014

“ZBA Denies Apartments at Marblehead Boatyard,” Wicked Local Marblehead, July 2013

“Unsigned P&S Enforceable in Wake of Emails,” New England In-House, August 2012

speaking engagements

“Improvements vs. Repairs: The Battleground Revisited,” Speaker, Real Estate Bar Association Open Meeting of the Condominium Law & Practice Committee, March 2016

“Associations and the Law,” Panelist, Community Associations Institute New England Annual Condo Conference and Expo, October 2015