The Utah Supreme Court joined others in adopting the modern view that servitudes (restrictive covenants) should be interpreted to effectuate the intent of the parties, rather than interpreting them strictly so as to maximize the rights of the owner of the burdened property, as the traditional rule held. Fort Pierce Ind. Park Phases II, III & IV Owners Ass'n v. Shakespeare, (Utah 2016).
In a straight-forward application of the relevant recording statute, the Massachusetts Land Court has held that a son who received a deed to the land without notice of a prior reverse mortgage is not subject to the mortgage since it was not recorded and he had no other means to achieve notice of it. https://www.lexisnexis.com/clients/macourts/ 57 N.E.3d 1065 (Mass. App. Ct. 2016).
The Massachusetts Supreme Judicial Court has held that an easement cannot be extended even for a short way to access land to which it is not appurtenant. When an easement is created to enable access to a particular parcel of land, it can be used only for that purpose and not to access other parcels of land even if continguous. Taylor v. Martha's Vineyard Land Bank Comm'n, 60 N.E>3d 319 (Mass. 2016).
The Massachusetts Appeals Court has held that opening an easement to the general public may overburden it when the easement had not previously been used in that manner, giving the owner of the servient estate the chance to prove that the increased use interfered with his retained property rights in the underlying land and exceeded the scope of the rights included in the easement. Goff v. Town of Randolph, 56 N.E.3d 893 (Table), 2016 WL 4258381 (Mass. App. Ct. 2016).