Massachusetts Land Use Monitor

Massachusetts Land Use Monitor

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

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The Trouble With Trees

Posted in Miscellaneous, Uncategorized

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

Littoral Meaning: Superior Court Discusses Rights of Shore Owners

Posted in Waterfront Property

Massachusetts 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