Condominiums
October 23, 2017 by Donald R. Pinto, Jr. | Leave a Comment
It’s not unusual for condominium documents to set aside parts of the development’s common area for the exclusive use of particular units. This device allows the developer to offer a degree of privacy in decks, driveways, garages, attics, and similar spaces that are affiliated with, but outside of, a unit. But how exclusive is an exclusive use area? The Massachusetts Appeals Court answered this question in a recent decision. […]
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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 […]
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), […]
