Easements Restrictions

Perpetual Easement or Expired Restriction? Mass. Appeals Court Weighs In

September 22, 2017 / October 10, 2017 by Donald R. Pinto, Jr. | Leave a Comment

In its decision this week in Perry v. Aiello, the Massachusetts Appeals Court addresses an interesting question: whether a 1947 grant of easement-like rights created an affirmative easement, which can be perpetual, or a disfavored restriction whose duration is limited by sections 26-30 of M.G.L. c. 184. The case involved a dispute between two storied Boston institutions:  DeLuca’s Market, a high-end grocery […]

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