Real Estate and Environmental


Since Davis Malm's inception almost 40 years ago, we have earned an outstanding reputation with our clients and our colleagues as a leader in the real estate and environmental law fields, and have a varied real estate development, land use, transactional, and environmental law practice. Our real estate and environmental law attorneys are well known for their comprehensive knowledge of all aspects of real estate and environmental law. In fact, among our attorneys are several who worked closely with the legislature to write and modify these laws. Moreover, we have the broad experience and innovative approach our clients require in this often-changing, highly regulated area.

Our real estate practice involves all aspects of residential, commercial, and industrial acquisition, financing, and development, including permitting, appeals, and other land use litigation and disposition. We make regular appearances before local planning boards; boards of appeal; conservation commissions; and other local, state, and federal agencies for our construction and development clients. We provide our clients the full range of expertise in condominium practice, including representation during the development and construction phases, drafting the documents to establish and manage condominiums, and representation of condominium associations and managers. We have expertise in real estate taxation and abatement as well as foreclosures. Our attorneys handle large commercial lease transactions for both landlords and tenants, and we also regularly represent clients involved in conveyancing transactions.

Davis Malm is among the foremost firms in Massachusetts in litigating real estate disputes. Often, local counsel for developers ask us to become involved when litigation appears unavoidable. We have a winning track record when litigating these disputes in the Massachusetts Land Court, the Superior Court, and at all appellate levels. For example, we made new law when the Supreme Judicial Court recognized the right of our buyer client to rely on an accepted written offer to purchase as a binding agreement. In another case of first impression that we argued, the Supreme Judicial Court established on behalf of our client the right of private parties to appeal Boston Redevelopment Authority decisions to grant building permits.

Our environmental law attorneys are acknowledged leaders in all aspects of environmental law and regulation. In general, this aspect of our real estate practice is divided into regulatory compliance, construction and development, litigation and civil enforcement, and transactional consultation. We advise and represent businesses and property owners concerning local, state, and federal environmental regulatory requirements. We also provide our clients with cost-effective strategies to deal with wetlands, waterways, discharge permits, access permits, environmental policy act compliance, and hazardous material releases. Our construction and development clients nearly always require environmental permits, and we have decades of experience in leading these clients successfully through that process and through any litigation that may be required.

In the area of litigation and civil enforcement, we have an outstanding record representing clients confronted with compliance violations claimed by federal and state agencies. We also have a strong record representing our clients in contamination litigation, whether in cost recovery or Superfund claims.

Environmental issues are crucial in nearly all real estate and business transactions. Davis Malm coordinates due diligence reviews; handles insurance coverage issues and claims; negotiates appropriate warranties, releases, and indemnifications; and advises purchasers, sellers, and lenders to aid them in evaluating such transactions.

Chambers USA
2019 ranks real estate attorneys Paul L. Feldman and Amy L. Fracassini