By Gordon Orloff on Posted in Miscellaneous,UncategorizedUnable to leave well enough alone, the Supreme Judicial Court used a series of wooden puns in deciding not to change the longstanding rule that a landowner cannot hold a neighbor responsible for damage caused by that neighbor’s healthy tree. Shiel v. Rowell addressed Shiel’s nuisance and trespass claims that algae on her roof was caused… Continue Reading
By Robert Foster on Posted in Waterfront PropertyMassachusetts has an old, well-developed body of case law on “riparian” rights — the rights of landowners in surface water and groundwater. Given the long Massachusetts coastline, it therefore comes as a bit of a surprise that the Commonwealth’s law of “littoral” rights — the rights of owners of land abutting the seashore — is… Continue Reading
