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 […]
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), […]
