Easements Restrictions
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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SLAPP Suits
May 23, 2017 / May 23, 2017 by Donald R. Pinto, Jr. | Leave a Comment
The Supreme Judicial Court (SJC) today issued two decisions which together make important changes in how Massachusetts courts apply the often troublesome SLAPP statute, M.G.L. c. 231, § 59H, enacted in 1994. While of general application, the SLAPP statute often surfaces in disputes over real estate development. Today’s decisions are dense and will require further study, but at first glance Blanchard v. Steward […]
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Commercial Leases
May 8, 2017 / May 8, 2017 by Donald R. Pinto, Jr. | Leave a Comment
In a case of interest to commercial landlords and tenants, the Massachusetts Appeals Court recently ruled that where a commercial lease is self-renewing but can be terminated on six-months’ notice to the other side, the party seeking to terminate – in this case the tenant – has the burden of proving it timely exercised its right. Patriot Power, LLC v. New […]
Variances Zoning
March 16, 2017 / April 3, 2017 by Donald R. Pinto, Jr. | Leave a Comment
The Massachusetts standard for granting a zoning variance is notoriously difficult to meet. In a nutshell it requires proof that: (1) due to circumstances concerning soil conditions, the shape of the lot, or the topography of the land; which (2) especially affect the land but not the zoning district generally; (3) literal enforcement of the zoning ordinance would cause a […]
Easements Registered Land
November 22, 2016 / April 3, 2017 by Donald R. Pinto, Jr. | Leave a Comment
In an important decision for owners of waterfront property, a divided Appeals Court panel has ruled in a case of first impression that where registered land expands by accretion, the owner need not return to court to separately register the accreted land. As a result, that land enjoys the same protection against adverse claims as the originally registered parcel. In Brown v. Kalicki (pdf), […]
Easements
November 9, 2016 / November 18, 2016 by Donald R. Pinto, Jr. | Leave a Comment
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), […]
