Unable 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
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Littoral Meaning: Superior Court Discusses Rights of Shore Owners
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