Creating Thriving Communities Through Land Use And Real Estate Law

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Mark B. Johnson

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Biography

Mark, a Brooklyn, NY native, opened the firm in its former iteration as The Law Offices of Mark B. Johnson in 1986.  Since then, he has built a thriving practice in beautiful Andover, MA, which he now calls home.  An avid Sox fan, visitors to our office often comment on the extensive baseball memorabilia decorating our hallways and conference rooms.

Mark’s practice focuses on real estate development; land use planning and permitting; title insurance defense; real estate conveyancing, including review of complex title issues; representation of lenders at commercial, construction and residential loan closings; land-based litigation, including property disputes and title disputes; negotiating acquisition agreements; business transactions; general corporate representation; civil litigation; contract and commercial disputes; and appellate practice.

He has represented clients before permitting boards for residential and commercial developments in over 20 communities in Massachusetts and New Hampshire.  He has represented clients before the Superior Court in Massachusetts and New Hampshire, Land Court in Massachusetts, the Massachusetts Appeals Court and Supreme Judicial Court, the New Hampshire Supreme Court, US Bankruptcy Court in Massachusetts and New Hampshire, and the US District Court (MA) and US Court of Appeals (First Circuit).  

Education:

  • Boston University School of Law, Boston, MA, J.D., 1977; LL.M (Taxation), 1982
  • The American University, Washington, DC, B.A., 1974;

Bar Membership:

Commonwealth of Massachusetts (1977); District of Columbia (1980);New Hampshire (1986); US District Court for the District of Massachusetts; US Court of Appeals for the District of Massachusetts; US District Court for the District of New Hampshire.

Professional Associations:

Massachusetts Bar Association; New Hampshire Bar Association; American Bar Association; Real Estate Bar Association.

Areas of Practice:

  • Real Estate Development, Land Use Planning and Permitting;
  • Title Insurance Defense;
  • Real Estate Conveyancing including review of complex title issues;
  • Representation of lenders at commercial, construction and residential loan closings;
  • Land based litigation including property disputes and title disputes;
  • Negotiating Acquisition Agreements
  • Business Transactions;
  • General corporate representation;
  • Civil Litigation, including personal injury, contract, and commercial disputes;
  • Appellate Practice.

Representative Projects

  • Represent developers in Massachusetts and New Hampshire in the development of land including the negotiation of Purchase and Sales Agreements, title examination, permitting, acquisition and eventual sale of individual units or lots. Additionally, draft all closing documents, condominium documents, restrictions, easements for the project. In New Hampshire, we work with clients to prepare the required filing with the Office of the Attorney General
  • Represent title insurance companies in resolving title claims in Massachusetts and New Hampshire. In this role, we are retained by the title company to represent the interest of the insured in seeking to resolve title defects so that title is as insured in the title policy.
  • Represent landowners in lease transaction for both commercial and residential leases.
  • Permitted solar farm, radio and wireless communication towers and daycare centers
  • Represent developers in obtaining Comprehensive Permits for both rental and for sale in a number of different communities in Massachusetts and before the Housing Appeals Committee.

Permitted Projects in Towns including:

MA: Andover, Acton, Ayer, Billerica, Georgetown, Groveland, Groton, Haverhill, Methuen, North Andover, Tewksbury, Topsfield, Westford, West Newbury; NH: Brentwood, Barrington, Greenland, Hampton Falls, Newfields, Newmarket, Plaistow, Salem, Somersworth, Lee, Rye.

Professional Activities:

  • Super Lawyer, 2020. 2012, 2022, 2023,
  • Member of Abstract Club
  • Speaker at Massachusetts Continuing Legal Education programs on:
  • Title Insurance (April, 1997 and January, 1998);
  • Obtaining Comprehensive Permits (February, 2002);
  • Obtaining and Enforcing Comprehensive Permits (February, 2003);
  • Litigating Real Estate Disputes (August 1, 2007);
  • Real Estate (March, 2009);
  • Resolving Common & Complex Title Issues (May, 2012)
  • Common & Complex Title Issues: How to Spot, Fix and Resolve, Chairperson (April, 2013);
  • Common & Complex Title Issues: Identifying the Issues and Navigating the Solutions, Chairperson (April, 2014);
  • Common & Complex Title Issues: You found the issue- now what? Chairperson (May, 2015);
  • New Hampshire Bar Association: IOLTA & Title Companies Subcommittee (2013),

Community Activities:

  • Recipient of Rotary Club of Andover’s Citizens Who Care Award (2003);
Current
  • Lawrence General Hospital, Trustee (2019 to present)
  • Member, Town of Andover Permanent Town Building Advisory Committee (July, 2016- present)
  • Member, West Elementary School Building Committee, (April 2018 to present)

Past

  • Chair, Town of Andover High School Building Committee July, 2022 to December, 2023
  • Chair, Town of Andover High School Facilities Study Committee, (March 2018- present)
  • Chair, Town of Andover Bancroft School Building Committee (August, 2008 to November, 2012);
  • CLASS, Inc., Chair of the Board of Directors (1996-1999); Member, Board of Directors (1990 to 2002); Treasurer (1995);
  • Chair, Town of Andover Elementary and Middle School Building Committee (1999-2004);
  • Service Club of Andover, Inc, founding Member (1993); Treasurer (1994); member of Board of Directors (1993-2002).