September 2017

Appurtenant easements cannot be used to access after-acquired land next to the dominant estate

The Massachusetts Land Court has reaffirmed and applied the traditional rule that an appurtenant easement cannot be used to access after-acquired property next to the dominant estate. Kent v. Roma III, Ltd., 2016 WL 6908191 (Mass. Land Ct. 2016). The court noted that the Restatement (Third) of Property (Servitudes) §4.11, cmt. b suggests that in exceptional cases, damages might be awarded rather than... Read more about Appurtenant easements cannot be used to access after-acquired land next to the dominant estate

Option to purchase property valid if exercised within the USRAP 30 year period

The Massachusetts Land Court has held that a commercial option to purchase property may be exercised nine years after the right to exercise the option ripened (because of failure to fulfill a condition by a set date). Pinewood Road, Inc. v. Kuntz, 2017 WL 361172 (Mass. Land Ct. 2017). The court noted the traditional rule that an option to purchase real property "that does not supply a time limit for it exercise must be...

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"Massachusetts rule" reaffirmed: no liability if an overhanging tree damages neighboring property

A Massachusetts court has reaffirmed the "Massachusetts rule" that "an individual whose property is damaged by an overhanging tree has no cause of action against a landowner of the property upon which the tree lies." Shiel v. Rowell, 2017 WL 3616892 (Mass. App. Div. 2017), citing Ponte v. DaSilva, 446 N.E.2d 77 (Mass. 1983). The court noted the contrary "Hawaii rule" that does make a tree owner financially responsible if her own trees overhangs neighboring property and damages it.