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June 2012 Archives

Cater v. Bednarek: Judges Must Adhere to Certain Local Regulations When Fixing the Location and Width of Ambiguous Easements

Earlier this month, the SJC remanded an interesting easement case back to the Land Court and ordered the Land Court judge (Piper, J.) to take a second look at the width of the easement that he had laid out to the extent that it conflicted with local subdivision road regulations.

Eminent Domain: Pro Tanto Payments

When the Commonwealth or a municipality takes land by eminent domain, the landowner is entitled to "just and reasonable compensation" for his loss. The measure of damages the landowner is entitled to is based on the fair market value of the property taken at the time of the recording of the order of taking.

IMPLIED EASEMENTS & EMINENT DOMAIN

Many people may not realize that in Massachusetts, "[a]n eminent domain taking in fee simple extinguishes all other interests in the subject property. In particular, where an easement exists, the taking of the servient estate will destroy the easement rights of the dominant estate." New England Continental Media, Inc. v. Milton, 32 Mass. App. Ct. 374, 376 (1992). This means that if an individual has easement rights over a parcel of land that is ultimately taken by eminent domain, those rights are terminated once the taking occurs.

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