Adverse Possession Eminent Domain Prescriptive Easement
February 24, 2020 by Donald R. Pinto, Jr. | Leave a Comment
In a rescript opinion issued this morning in Gentili v. Town of Sturbridge (pdf), the Supreme Judicial Court (SJC) ruled that a municipality’s acquisition of a prescriptive easement over private property is not an eminent domain taking. In prior proceedings in Gentili, the Land Court ruled that the defendant town had acquired a prescriptive easement […]
Read more »
Tagged
Adverse Possession Prescriptive Easement Real Estate
December 23, 2019 by Joel Quick | Leave a Comment
In the second half of this year the Massachusetts Appeals Court decided three cases in which a party claimed adverse possession or prescriptive rights in real estate. In each case the focus was on one particular element of all such claims: actual use of the subject property. And in each case the Appeals Court focused on the […]
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), […]
