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Publisher: Massachusetts Continuing Legal Education
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Litigating Residential Real Estate Disputes provides an overview of the topics that are most commonly the subject of real estate litigation in Massachusetts courts. It is a handy resource for real estate litigators and transactionalists alike. This 18-chapter manual provides an solid foundation in the causes of action and remedies available concerning real property issues, both basic and advanced. The book is designed to track the major categories of cases where real estate is litigated, including claims involving abutters, neighbors and third parties; claims involving real estate transactions; construction and design claims; claims involving zoning; disputes surrounding land use, such as eminent domain.
Such commonly encountered issues as adverse possession, the warranty of habitability, injunctive relief for nuisances involving real estate use orient the reader to the oftentimes complex issues of land use. An overview of purchase and sales agreements, title insurance claims and title defects help the transactional practitioner to understand the areas of real estate conveyancing that are rife with litigation. The section on construction-related disputes provides an overview of the Home Improvement Contractor Act from both contractors' and homeowners' perspectives. And the reader is introduced to the nuances and potential traps in litigating variances, special permits, easements, restrictions, and other zoning and land use-related problems. The various statutory, regulatory and case law authority pertinent to each section is set forth in clear, practical language.
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