SJC Keeps Bright-Line Test for Overloading of Easements

In its recent decision in Taylor v. Martha’s Vineyard Land Bank Commission (pdf), the Supreme Judicial Court (SJC) put the brakes on a trend toward eliminating bright lines in the enforcement of easement rights.

The Facts

The case involved a nature preserve on Martha’s Vineyard encompassing the famed Gay Head cliffs (pictured).  The Martha’s Vineyard Land Bank Commission (Land Bank), which owns and manages the preserve, has an easement over the grounds of a nearby inn owned by Taylor Realty Trust (Trust), connected to the equally famed singing Taylor family.  In 2010 the Land Bank created a looped hiking trail that runs across the Trust’s property onto three Land Bank-owned lots that are benefited by the easement and then continues onto a fourth Land Bank-owned lot that is not benefited.

The Land Court Case

The Trust, invoking the black-letter rule that an easement can’t be used to benefit land