Alan E. Lipkind

Partner

Boston, MA
D: 617.345.3547

"Helping my clients achieve their objectives is the most rewarding part of being a lawyer."

Overview
Bar Admissions

Massachusetts

New York

Education

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

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

With over three decades of experience, Alan Lipkind counsels and advocates for the firm’s clients when they are facing disputes related to real estate. He has obtained positive results for clients faced with a broad range of issues, including disputes over property boundaries, adverse possession, easements, landlord/tenant concerns, purchase and sale agreements, construction, and zoning.

He is experienced in litigation, arbitration and mediation. Alan also has extensive experience in condominium law, being the leader of the firm's Condominium Practice Group, and regularly represents condominium associations, unit owners and property managers both in litigation and on governance issues.

Experience

Experience

  • 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 which abutter used 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 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, 448 658, 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, 20 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).
Honors & Awards

Honors & Awards

BTI Client Service All Star (2015)

Community Involvement

Community Involvement

Jewish Family & Children's Service

  • Board of Directors
  • Chairperson of Compliance and Risk Management Committee
  • Chairperson of Real Estate Task Force

Memberships

Town of Marblehead Zoning Board of Appeals

Massachusetts Real Estate Bar Association

Community Associations Institute New England

  • Attorneys Committee
Speaking Engagements

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

Articles & Publications

Articles & Publications

articles

"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

quotes

"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

Resources
Alan E. Lipkind
Practices
  • Business Litigation & Dispute Resolution
  • Real Estate
  • Condominium Law
  • Design & Construction
Education

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

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

Admissions

Massachusetts

New York

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