Yesterday the Appeals Court upheld a variance decision by our former colleague, Land Court Justice Robert Foster. In that case, Furlong v. Zoning Board of Appeals of Salem, Furlong challenged a variance granted to the abutting Brewer Hawthorne Cove Marina in Salem.
The variance permitted the Marina to construct a new building outside of
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
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
The Massachusetts Legislature and Governor Baker have taken a much needed step to limit further problems resulting from the Ibanez decision and its progeny. Those cases made clear that a foreclosure by a party that did not yet hold an assignment of the mortgage failed to convey good title. As a result, many third party
In its decision earlier this year in U.S. Bank Natl. Assn. v. Schumacher (pdf), the Supreme Judicial Court addressed the impact of a failure to comply with requirements for providing notice of the mortgagor’s right to cure a default pursuant to M.G.L. c. 244, § 35A (our post on Schumacher is here). The recent
In the last few weeks the Supreme Judicial Court (SJC) decided two more cases dealing with the effects of botched foreclosure sales.
The more important decision is U.S. Bank National Association v. Schumacher (pdf). Schumacher arises from M.G.L. c. 244, §35A, which the Legislature enacted in 2007 in response to the foreclosure crisis. This statute requires foreclosing banks
Earlier this month the Supreme Judicial Court (SJC) issued an important decision in the case of Martin v. Simmons Properties, LLC. Mr. Martin holds an easement over the land of the defendant, Simmons. Simmons had blocked part of Martin’s easement.
Land in Massachusetts can be registered or unregistered. Registered land has some special protections not afforded to
As a result of the First Circuit’s recent decision in Lemelson v. U.S. Bank National Ass’n., 721 F.3d 18 (2013), U.S. District Court Judge William G. Young was forced to reconsider his prior ruling in a “try title” case filed by a homeowner who claimed that the bank seeking to foreclose was not, in
Today we begin our detailed examination of the far-reaching land use reform bill pending before the Legislature. The title of this bill is “An Act Promoting the Planning and Development of Sustainable Communities”; it’s also known as House Bill H.1859. I’ll refer to it as the “Act.” The Act is currently pending before the Joint Committee on Municipalities and Regional Government. As
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