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Easements Waterfront Properties

Farrell Fritz, P.C.

Second Department Reverses Mandamus Requiring Building Inspector to Issue a Permit to Construct a Dock

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On October 17, 2018, the Supreme Court, Appellate Division, Second Department (“Second Department”) issued two (2) companion decisions arising out of three different attempts by Petitioners, Kleinknechts (“Petitioners”) to...more

Pierce Atwood LLP

Appeals Court Interprets Chapter 91 License As Extending Private Way Over Lawfully Filled Land

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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...more

Pierce Atwood LLP

Massachusetts High Court Draws Bright Line in Sand on Expansion of Easement Rights to Additional Land

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In his recent blog post, “SJC Keeps Bright-Line Test for Overloading of Easements,” Pierce Atwood real estate partner Don Pinto discusses Taylor v. Martha’s Vineyard Land Bank Commission, a recent decision in which the...more

Pierce Atwood LLP

No Prescriptive Easement Over Registered Beach Lots That Expanded By Accretion

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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...more

Farrell Fritz, P.C.

Riparian Easements And Waterfront Lands

Farrell Fritz, P.C. on

In New York, as a general rule, the touchstone of riparian rights has been the ownership of land touching a navigable waterway. See Bromberg v. Morton 64 AD2d 684 [2d Dept 1978]. As a result, unless expressly reserved by...more

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