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 […]
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), […]
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), […]