Massachusetts Land Use Monitor

Massachusetts Land Use Monitor

Real-Time News & Commentary on Massachusetts Land Use & Real Estate Law

Tag Archives: beach

The Beach is This Way–And It’s My Registered Land

Posted in Easements, Registered Land, Title, Waterfront Property
A Massachusetts appellate court has ruled for the first time that new land which accretes to registered waterfront land is treated as registered land automatically, without the registered landowner filing additional proceedings. In Brown v. Kalicki, decided earlier this week, neighbors sought to establish an easement by prescription to use for recreational purposes a beach… Continue Reading

The Beach is Which Way?

Posted in Standing, Zoning
On June 17, 2016, the Supreme Judicial Court decided an interesting zoning case concerning whether the holder of a beach access easement has standing to challenge a zoning determination affecting the beach parcel.  The case is Picard v. Zoning Board of Appeals of Westminster. As all followers of Massachusetts zoning know, the standing of a… Continue Reading

Gray’s Anatomy: Appeals Court Holds That Road Separates Upland From Flats Under Colonial Ordinance

Posted in Easements, Title, Waterfront Property
Along with the Red Sox and Patriots’ Day, one of the unique features of Massachusetts is that modern property rights can be ruled by 370-year-old statutes.  The Colonial Ordinance of 1641-1647 declared that owners of land adjoining the shore also own the tidal flats – the land between the high and low water marks (out… Continue Reading