In a satisfying win for Rackemann, the Appeals Court today upheld a Land Court decision that inland lot owners hold no easement rights over our clients’ waterfront property.

Loiselle v. Hickey concerns a large subdivision in Dennis with a number of ways leading to Cape Cod Bay.  An earlier case between many of the same parties established that the inland lot owners had easement rights in all of those ways.  In Loiselle, many of the same the inland lot owners argued that they also had the right to use the private beach between those ways for recreational purposes.

The Appeals Court rejected that claim.  While the decision does not break new legal ground, it does serve as a helpful review of the basic legal principles governing waterfront land.


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roadblock

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