Chapter 91 Easements
April 23, 2018 by Daniel Bailey | Leave a Comment
The Appeals Court’s recent decision in Maslow v. O’Connor at first glance appears straightforward. The holding reiterates a familiar tenet of Chapter 91 licensing – that a Chapter 91 license doesn’t affect pre-existing property rights. But the result is quirky: in the name of preserving access to tidelands, the court in effect extends a private […]
Read more »
Tagged
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), […]
