Product Description

MCLE’s 19th Annual Real Estate Law Conference provides you with up-to-date analysis and real world perspectives on real estate developments in the Commonwealth of significance to your practice. Both seasoned professionals and new practitioners need to stay current on these changes.

Conference topics include developments in G.L. c. 40B, best practices for avoiding professional liability for the real estate practitioner, as well as the constitutional limitations imposed upon condominium rule making and enforcement, and significant developments in the area of environmental law including, without limitation, the MassDEP’s reopening of closed sites based upon the revised reportable concentrations of trichloroethylene.

Keynote Panel: Going Green—Impacts of Alternative Energy and Conservation on Real Estate Law Practice

In the past decade, society has made significant advancements in the development of alternative energy sources. Solar arrays cover residential rooftops, solar panel fields are ubiquitous, and wind turbines continue to emerge on the horizon.

Real estate law continues to develop in this area as land containing, intending to contain, or abutting these elements continues to be bought, sold, leased, and developed. Explore the legal complexities which arise in connection with the installation and permitting of those alternative energy sources on residential, commercial, and municipal lands.

Agenda & Materials

• 9:30 A.M. - 9:35 A.M.

  Welcome and Introduction

  Thomas O. Moriarty, Esq., Moriarty Bielan & Malloy LLC , Quincy
  
• 9:35 A.M. - 10:45 A.M.

  Chapter 40B Case Law Update: Emerging Trends in a Hot Market

  on demand video Add to Cart

  Development pursuant to G. L. c. 40B is exploding throughout the Commonwealth, providing opportunity to developers and placing pressure upon municipalities and regulatory agencies to keep up. This panel brings you up-to-date on these significant developments. Explore how recent important decisional law from the Housing Appeals Committee, and case law from the Trial Courts and the Appellate Courts have impacted the development process. And hear an overview of recent cases regarding the 1.5% Land Area Minimum, municipal planning, and abutter appeals of comprehensive permit decisions that have changed the 40B landscape.

  Mark Bobrowski, Esq., Blatman, Bobrowski, Haverty & Silverstein LLC , Concord
  Paul J. Haverty, Esq., Blatman, Bobrowski & Haverty LLC , Concord
  
• 10:45 A.M. - 10:55 A.M.

  Networking and Refreshment Break
• 10:55 A.M. - 11:55 A.M.

  Malpractice Claims: Common Claims in Residential Real Estate Transactions and How to Avoid Them

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  This panel focuses on recurring issues in residential real estate transactions and, more generally, in the attorney/client relationship, that lead to malpractice claims. Learn about developing best practices and proactive measures for avoiding malpractice claims, as well as current thinking regarding the best steps to respond to a claim. And hear a synopsis of the important aspects of an errors and omissions liability policy.

  Susan E. Cohen, Esq., Peabody & Arnold LLP , Boston
  Jennifer L. Markowski, Esq., Freeman Mathis & Gary LLP , Boston
  
• 11:55 A.M. - 12:55 P.M.

  Condominium Rule Making and Constitutional Limitations

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  A condominium association must pay heed to the limitations imposed by both the United States Constitution and the Massachusetts Declaration of Rights in adopting and enforcing rules and covenants. When can a condominium association restrict unit owner speech? Does a condominium association have to provide access to political candidates soliciting signatures? What defenses remain available to associations that desire to provide aesthetic uniformity and a safe and secure environment for residents? Hear the state of the law, the unresolved questions, and best practices for dealing with these issues.

  Thomas O. Moriarty, Esq., Moriarty Bielan & Malloy LLC , Quincy
  
• 12:55 P.M. - 1:55 P.M.

  Lunch (on your own)
• 1:55 P.M. - 3:10 P.M.

  KEYNOTE PANEL: GOING GREEN—IMPACTS OF ALTERNATIVE ENERGY AND CONSERVATION ON REAL ESTATE LAW PRACTICE

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  This panel analyzes the complications associated with solar leases in the residential context, and the issues that can arise in connection with sales subject to those leases. Explore the complexities of the leasing, development, and permitting of solar power in the commercial context, including the role of tax incentives. Learn about the unique issues that arise in connection with permitting and opposing wind turbines, including a discussion of Drummey v. Town of Falmouth, 87 Mass.App.Ct. 127 (2015).

  Bethany A. Bartlett, Esq., Kearsarge Energy LP , Brighton
  Jonathan S. Klavens, Esq., Klavens Law Group, PC , Boston
  Christopher G. Senie, Esq., Senie & Associates, PC , Brewster
  
• 3:10 P.M. - 3:20 P.M.

  Networking and Refreshment Break
• 3:20 P.M. - 4:20 P.M.

  Environmental Law Developments: What Real Estate Practitioners Should Know

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  This panel provides a round-up of recent environmental developments including ASTM updates pertaining to due diligence for commercial real estate transactions for the real estate practitioner, as well as an in-depth analysis of MassDEP’s reopening of sites contaminated with trichloroethhylene (TCE), due to the March 2016 implementation of a revised reportable concentration of TCE from 300 ug/L to 5 ug/L. Many commercial and residential sites that were “closed” are now being re-opened or investigated by MassDEP for potential indoor air issues, particularly in urban areas with historic contamination. Explore the potential issues in re-opening a site, including liability questions, as well as practical tips for due diligence, assessment, and additional remediation, including sub slab ventilation systems.

  Julie P. Barry, Esq., Prince Lobel Tye LLP , Boston
  Elizabeth Krol, PG, Partner Engineering and Science, Inc. , Framingham
  
• 4:20 P.M. - 4:30 P.M.

  "Ask the Experts" Q&A Session

Chair

Faculty