Johnson & Borenstein, LLC
 
 
Practice Areas

Construction Litigation

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Appellate Law

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Estate Planning and Probate Administration

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Real Estate Dev. & Land Use Permitting & Appeals

  • Municipal and State Permitting
  • Comprehensive Permits (c. 40B)
  • Permitting Appeals

Johnson & Borenstein has an active and diverse practice in real estate development and land use permitting. Our attorneys regularly represent clients before various municipal authorities, including, planning and zoning boards; conservation commissions; boards of health; city councils; and boards of selectmen. Geographically our focus is on municipalities in Essex, Middlesex and Worcester counties in Massachusetts and throughout Southern New Hampshire. Our work also extends to practice before various state agencies and authorities, such as, the Department of Environmental Protection, Department of Housing and Community Development-Housing Appeals Committee; Executive Office of Environmental Affairs; and MassHousing. Our projects include a variety of residential and commercial proposals, ranging in scope from single-family home permitting to large, complex condominium, rental and commercial developments. Although primarily serving private developers and land owners, our land use practice also extends to representing the interests of abutting land owners and municipal entities as special counsel. Johnson & Borenstein also litigates permit appeals in the trial and appellate courts, both from their client’s own municipal or state agency proceedings and on a referral basis from engineers and other attorneys.

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Real Estate Transactions and Financing

  • Commercial and Construction Lending
  • Residential Closings and Mortgages
  • Work Outs, Refinancing and Foreclosure Issues
  • Condominiums and Homeowners Associations

Through our staff of experienced attorneys and paralegals, Johnson & Borenstein counsels landowners, lenders, buyers and tenants in a variety of sale, lease and finance transactions. Our broad-based experience in all aspects of real estate law allows us to provide efficient, timely and knowledgeable representation in the most complex situations and, to employ business-focused solutions in every real estate deal. We pride ourselves in providing seamless representation of our clients from negotiation of an initial land acquisition, through the sale or lease-out of the completed project. Clients depend on us to draft, review and negotiate purchase and sale agreements; coordinate pre-closing due diligence; review legal title, address title clouds and issue title insurance policies; conduct sale and finance closings; prepare and negotiate commercial and industrial leases; formulate, draft and declare residential and commercial condominiums, homeowners associations and similar structures; and, to generally utilize our staff’s extensive knowledge and experience to creatively attain their transactional goals. Johnson & Borenstein is an authorized policy issuing agent for Lawyers Title Insurance Company, CATIC, and Old Republic Title Insurance Company. We carry a $10M professional liability policy, qualifying us to participate in large transactions. In addition to participating in transactions involving private lenders and various area banks, we also represent clients in financing obtained through MassHousing, MassDevelopment, and the Federal Home Loan Bank of Boston.

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Title Litigation and Title Insurance Defense

Johnson & Borenstein attorneys regularly appear in both trial and appeals courts, with a focus on the Massachusetts Land Court, to litigate various title disputes. This work includes an active title insurance defense practice, where we act as title insurance provided counsel. These claims often involve the defense of mortgages, foreclosure proceedings and other lender security. We also represent our clients in all aspects of real estate litigation, such as, boundary and survey contests; adverse possession claims; easement disputes; claims of heirship and missing interests; partition actions; title confirmations; and reformation of faulty or missing instruments. Our grounding in the basics of conveyancing and transactional practice, along with our significant experience in real estate focused litigation, gives our attorneys an invaluable edge over opposing counsel in and out of the courtroom.
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General Civil Litigation

  • Construction Litigation and Mechanic’s Liens
  • Foreclosures and Evictions
  • Business and Contract Disputes
  • Appeals & Appellate Court Practice
  • Personal Injury

Johnson & Borenstein attorneys represent businesses and individuals in all stages of civil litigation. Our general litigation practice includes contract disputes, construction litigation, commercial collection, will contests, business disputes, and personal injury actions. In these matters our clients rely on us to provide knowledgeable, aggressive, and cost effective litigation strategies to present their case in the most effective manner.

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Corporate representation and counseling

Johnson & Borenstein provides corporate representation and counseling to numerous, closely held business enterprises, their owners and officers. From the simple formation and annual maintenance of closely held corporations, to the creation of more complex entities, such as, Delaware Series LLCs, we provide our clients with cost effective, precise and timely solutions to their corporate law needs. Our corporate practice also includes a special emphasis on legal entities used in connection with real estate acquisition and development, such as, real estate trusts and development corporations and the drafting and negotiation of equity owner agreements.
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Johnson & Borenstein, LLC. 
12 Chestnut Street, Andover, MA 01810 · Tel: 978-475-4488 · Fax: 978-475-6703 · info@jbllclaw.com

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