Massachusetts Land Use Monitor

Massachusetts Land Use Monitor

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

Tag Archives: easement

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

Land Court Sets Width and Grade of Long Unused Easement

Posted in Easements, Subdivision Control
In its 2012 decision in Cater v. Bednarek, the Supreme Judicial Court (SJC) upheld a Land Court decision that the plaintiffs’ easement had not been extinguished by abandonment or estoppel, even though it had not been cleared or used since its creation in 1899.  However, the SJC remanded the case to the Land Court to consider whether it had been too restrictive in limiting the… Continue Reading

Forgotten Easements Can Unlock Land Values Today

Posted in Easements
It’s been a hot summer in the world of easement law.  Our appellate courts have issued three decisions which, collectively, reinforce the following important lessons:  (1) easements can be created by implication, (2) once created, most easements last forever unless extinguished, and (3) proving that an easement has been extinguished isn’t easy. In mid-June, the Supreme Judicial Court (SJC) decided Cater v. Bednarek (pdf), in which it ruled that an… Continue Reading

Land Registration System Takes Another Hit

Posted in Easements, Registered Land, Title
Theoretically, owners of registered land are entitled to rely on the information contained in their certificates of title.  To the chagrin of many, however, that is no longer the case.  In its decision this week in Williams Bros. Inc. of Marshfield v. Peck (pdf), the Appeals Court affirmed a Land Court ruling that an appurtenant easement is extinguished when the dominant and servient… Continue Reading