Tenant can be evicted for allowing adult son to live with her

A court has held that a tenant can be evicted for allowing her adult son to live with her when his name was not on the lease along with hers, making him an unlawful occupant. Atlantic Tambone Mgmt. v. Mejia, 2017 WL 4181374 (Mass. Dist. Ct. App. Div. 2017). The reason for the eviction also rested on the fact that the son had stolen a... Read more about Tenant can be evicted for allowing adult son to live with her

Town acquires prescriptive easement allowing public to use a road and abutting parcel

When a road and abutting triangle of land was used the public and maintained by the town, the town acquired a prescriptive easement for continued use of the road by the public. Athanasiou v. Board of Selectmen of Westhampton,82 N.E. 3d 436 (Mass. App. Ct. 2017). The town's highway superintendent maintained the area, plowed, sanded...

Airbnb use held to be consistent with covenant restricting property to residential use

Courts have divided on the question of whether short-term rentals violate restrictive covenants limiting land to residential purposes. The Texas Supreme Court just joined the majority that hold that use of property for Airbnb and similar short term rentals is residential use consistent with the covenant. Tarr v. Timberwood Park Owners Ass'n, 2018 Tex. LEXIS 442 (Tex 2018). But see ... Read more about Airbnb use held to be consistent with covenant restricting property to residential use

Condo owner may be liable for wrongful death of neighbor when he rented his unit to his brother knowing he was a dangerous sex offender

A court has held that a landlord may be liable for wrongful death of a neighboring condo owner if he rents his unit to his brother, knowing he is a sex offender who often stops using needed medication and is capable of violent outburst when he did not use his medication, fails to warn the neighbors of his presence, and the landlord's brother kills a neighboring owner. Steele v. Kings Way Condominium Trust, 2018 Mass. Super. LEXIS 103 (Mass. Super. Ct. 2018).

No claim against neighbor for damage caused by overhanging healthy tree

The Massachusetts Supreme Judicial Court has reaffirmed the "Massachusetts rule" that owners cannot sue their neighbors for any damage caused by an overhanging healthy tree. Shiel v. Rowell, 101 N.E.3d 290 (Mass. 2018). The remedy is for the owner to trim the branches that encroach on his property before they cause damage. In upholding the established rule, the court rejected the "Hawaii rule" which imposes liability on the owner of the tree if it causes harm to neighboring property. See Whitesell v. Houlton,... Read more about No claim against neighbor for damage caused by overhanging healthy tree

Nonuse insufficient to show an easement was abandoned and it is not extinguished by prescription when a locked gate did not make it impossible for the easement owner to use the right of way

A locked gate did not extinguish the right to use an express easement when the fence was intended to keep out the public and did not prevent the easement owner from accessing the right of way. Twenty Bartlett, LLC v. Sgarano, 2018 Mass. Super. LEXIS 104 (Mass. Super. Ct. 2018). Only if an action renders use of an easement "practically impossible" can it start the statute of limitations running for a prescriptive easement that will extinguish the...

Possibility of reverter or right of entry cut off after 30 years

Massachusetts law sets a thirty year limit to possibilities of reverter following a fee simple determinable or rights of entry following a free simple subject to condition subsequent. Mass. Gen. Laws ch. 184A, §7. This contrasts with the 90 year limit for executory interests. Mass. Gen. Laws ch. 190B, § 2-901. The 30 year limitation was recently applied in ... Read more about Possibility of reverter or right of entry cut off after 30 years

Joseph William Singer

Bussey Professor of Law, Harvard Law School

October 2018