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Posts tagged "necessity"

PARTITION, LANDLOCKED PARCELS, & EASEMENTS: A RECENT CASE

A few weeks ago, the Appeals Court issued a decision that potentially affects several landlocked parcels in Aquinnah (Gay Head) on Martha's Vineyard. As a result of this decision (Kitras v. Town of Aquinnah, 87 Mass. App. Ct. 10 (2015)), which reversed and remanded a Land Court decision/judgment, these landlocked parcels have been deemed to have easement rights that have been in dispute for some time. Or at least that's what the majority opinion decided. There was a stong dissent written by Associate Justice Peter W. Agnes.